Co-Parenting During the Summer Holidays: A UK Legal Guide

The summer holidays can be a challenging time for parents, requiring a careful balance between work commitments and arranging meaningful, enjoyable activities for children over an extended six-week period.

For separated families, this period can present additional complexity. Parents may need to coordinate arrangements with someone with whom communication is not always straightforward or flexible. Early planning and clear communication are therefore essential to minimise stress and avoid disputes.

Planning ahead

Before the summer holidays begin, it is helpful for parents to agree (as far as possible) on the following:

• How the holiday period will be divided between each parent
• Travel arrangements, including:
  • Who will be travelling with the children
  • Full travel itinerary (flights, accommodation, transfers)
  • Emergency contact details
• Consent for travel:
  • Whether the other parent’s permission is required (particularly for travel abroad)
  • Whether any documentation is needed (e.g. a signed consent letter, copy of the other parent’s passport, or court order)
• Passports:
  • Who is holding the children’s passports and when they should be transferred
• Activities and preparation:
  • Any specific clothing, equipment or arrangements required for trips, camps or holidays
• Overlap with extended family plans:
  • Time with grandparents, cousins or other relatives
• Work commitments:
  • Each parent’s available annual leave
• Social commitments:
  • Pre-arranged activities with friends, clubs, or events important to the children

Agreeing these matters in advance can significantly reduce the risk of conflict. However, it is also important to recognise that unforeseen circumstances may arise. Flexibility is key, and where arrangements change, it is sensible to agree how time will be made up or balanced at a later date.

Where there is a child arrangements order

If there is an existing Child Arrangements Order, particular care should be taken to:

• Check that both parents are working from the same understanding of the holiday dates and agreed weeks
• Confirm arrangements for collection and return times
• Ensure consistency, as uncertainty or last-minute disputes can have an emotional impact on the children

If the order specifies term-time arrangements only, or is unclear regarding holidays, parents should seek to clarify the position well in advance.

Travelling abroad: legal considerations (UK)

Under English law, specific rules apply:

• A parent must have the consent of everyone with parental responsibility before taking a child abroad, unless: 
  • There is a Child Arrangements Order stating the child “lives with” that parent, in which case they may take the child abroad for up to 28 days without the other parent’s consent (unless prohibited by the order)
• It is strongly advisable to carry: 
  • A written consent letter from the other parent
  • A copy of the child’s birth certificate
  • Evidence of the relationship with the child

Failure to obtain appropriate consent could amount to child abduction under the Child Abduction Act 1984.

Keeping children at the centre

Amidst logistical planning, it is vital not to lose sight of the children’s wellbeing. Parents should:

• Check in with their children about how they feel regarding arrangements
• Be mindful of any anxiety about transitions between households
• Avoid placing children in the middle of disputes or asking them to relay messages

The aim should always be to provide stability, reassurance and a positive experience during the holiday period.

Resolving disagreements

Where disagreements arise:

• Try to address issues early and constructively, before positions become entrenched
• Keep communication focused on the children’s best interests

If discussions break down, legal advice can assist in: 

• Clarifying each party’s position
• Corresponding on your behalf in a measured and constructive way

Many disputes can be resolved through solicitor correspondence or, where appropriate, mediation.

If your separation or divorce is ongoing, obtaining legal advice early can help ensure arrangements for children are considered alongside the wider issues arising from the relationship breakdown.

When court intervention may be required

If matters cannot be resolved, it may be necessary to consider:

• An application to the court for a Specific Issue Order – This is an application which allows something to happen  (e.g. permission to travel)
• An application to the court for a Prohibited Steps Order – This is an application that prevents a parent (or another person with parental responsibility) from taking a specific action without the court’s permission. This may include:
  • Taking the child out of the country
  • Removing the child from the care of the other parent
  • Making significant changes to the child’s living arrangements
  • Withholding passports or travel documents

This type of application is often made urgently, for example where there is concern that a child may be taken abroad without consent.

The court’s overriding consideration will always be the best interests of the child, and it will consider factors such as:

• The purpose and duration of the proposed travel
• The existing relationship between the child and each parent
• Any risk of non-return
• The impact on the child’s welfare

Where there is genuine concern about international travel or unilateral decision-making, seeking legal advice at the earliest opportunity is crucial.

Depending on the circumstances, it may be appropriate to apply to vary an existing Child Arrangements Order, particularly where longer-term changes to the arrangements are proposed. As court applications can take time, obtaining legal advice early is essential if difficulties are anticipated.

How we can help

Summer holidays should be an opportunity for children to relax, enjoy time with both parents, and create positive memories. Careful planning, clear communication, and a child-focused approach can go a long way in ensuring that this period runs as smoothly as possible.

If you are struggling to make progress on matters, our team of family solicitors would be happy to assist. Contact our team, email Hardeep Dhillon directly at hardeepdhillon@richardnelsonllp.co.uk, or call 0333 888 4040.