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8 July 2026
The summer holidays can be a cause of disputes for separated parents. The logistics of child arrangements over this time can be tricky, with both parents wanting to take their child on holiday and spend some extra quality time with them during the summer break.
This often leads to a dispute between parents, which can quickly start to snowball into larger disputes. If permission isn’t granted for you to take your child abroad, it could be considered abduction, so knowing your legal rights and responsibilities is essential.
If parents enter into a dispute over what they want to do with their child over the summer holidays, they should first try to sit down and have a conversation with one another about the arrangements.
Should the discussions go stale, family mediation is an option that doesn’t involve court. Parents will have the chance to speak with an unbiased mediator who will take both sides into account to come up with a plan that best suits the child involved.
Family mediation is a faster, cost-effective way of managing child arrangements over the summer.
However, if a dispute cannot be resolved by family mediation, it may have to escalate to court, where a judge will give a legally binding ruling on child arrangements during the child’s time off school.
Taking a dispute to court can oftentimes be a lengthy process. If you know that this will inevitably be the case, it is best to seek legal advice early to ensure there is ample time for the court to hear your case before the summer holidays begin.
Parents tend to look forward to this time as it means that they can take their child away and spend an extended amount of time with them.
However, this can often cause a dispute between parents when relationships are strained.
It is best to let the other parent know your intentions ahead of time and arrange times during the holiday when they can be in contact with the child.
From a legal standpoint, the decision lies wholly with the court order that is in place between the parents. If the child lives with you under the order, you can take the child out of the country for up to 28 days without needing consent, although it is always wise to seek the other parent’s agreement.
The best idea when trying to get permission from the other parent is to provide them with a clear plan with all the details of your holiday mapped out. This allows you to answer any questions they may have.
If the other parent still does not grant consent, you will need to apply to the court for permission to take your child out of the country.
The court will review your application along with the holiday plans and then make a legally binding decision on the holiday.
If the Judge agrees, you will receive a court order confirming the decision so that your ex-partner cannot accuse you of child abduction at a later date.
This is a time when tensions between parents are quite high. Both parents want to cram as much quality time with their child into six weeks as they can.
An excellent way of doing so is by taking them on holiday. However, if your ex doesn’t agree with the arrangements, a dispute may form.
If a dispute arises, our dedicated family law team are here to help with creating child arrangements that work for all parties involved.
For advice on taking your child on holiday, get in touch today!
