Child contact arrangements and the summer holidays

25 June 2026

The summer holidays can be one of the most difficult times of year for separated parents to manage child contact arrangements.

With six weeks of school holidays to plan around, disagreements over time with the children can quickly escalate.

Why summer causes extra tension

Term-time arrangements often run smoothly because they follow a predictable pattern. The summer holidays disrupt this routine and parents may have differing views on issues such as:

• How holiday time should be split between each parent
• Whether a parent can take the children abroad
• Who covers childcare during the working week
• How special occasions, such as birthdays falling in the holidays, are shared

Do you need a formal arrangement?

There is no legal requirement to have a court order in place for the summer holidays. Many separated parents agree contact between themselves and a flexible, cooperative arrangement is often the best outcome for children.

However, if you and your former partner struggle to agree or communication regularly breaks down around holiday times, a written Parenting Plan or a Child Arrangements Order can provide clarity and help avoid conflict.

Many orders include specific provisions for school holidays, such as splitting the summer break equally or alternating it year by year.

How is summer holiday contact typically divided?

There is no fixed rule. What works will depend on your child’s age, the existing contact pattern and what both parents agree.

Common approaches include splitting the six weeks equally, alternating the full summer break each year or agreeing dates in advance by a set deadline, such as the end of April, to allow time for holiday bookings.

Whatever approach is taken, the key principle in English family law is that any arrangement must serve the child’s best interests.

Taking children abroad

Under the Child Abduction Act 1984, it is a criminal offence to take a child under 16 out of the UK without the consent of everyone who holds parental responsibility or without the leave of the court.

If you have a Child Arrangements Order naming you as the person the child lives with, you may take the child abroad for up to 28 days without the other parent’s consent, unless the order expressly prohibits this under section 13(2) of the Children Act 1989.

This is a limited exception, though and it remains good practice to tell the other parent about your travel plans regardless.

Without an order in place, written consent from the other parent is still strongly advisable to avoid allegations of child abduction.

Consent does not have to take a specific legal form, but a signed letter is the safest approach.

It should be kept with your travel documents and include the child’s full name and date of birth, the destination and travel dates, contact details for the non-travelling parent and that parent’s signature. This can prove invaluable if you are questioned by border officials.

When the other parent refuses permission

If you believe a refusal is unreasonable, mediation is usually the first step, allowing an independent mediator to help both parents reach an agreed outcome.

If that does not resolve things, you can apply to the court for a Specific Issue Order authorising the holiday.

The court will expect mediation to have been attempted first and you will need to provide details of the trip, including the destination, dates, accommodation and return plans.

The reverse situation can also arise. If you hold parental responsibility, you can withhold your own consent, which means the other parent cannot lawfully take the child abroad without your agreement or a court order.

In serious cases, a solicitor can make an emergency application for a Prohibited Steps Order.

It is worth bearing in mind that any refusal needs to be based on genuine welfare concerns rather than used to frustrate the other parent’s relationship with the child, as the court takes a dim view of the latter.

If a child is not returned on time

If your child is not brought back at the agreed time, try to contact the other parent directly first. There may be a simple, practical explanation such as a delayed flight.

If you cannot make contact and have real cause for concern, contact the police, particularly if you believe the child is at risk or may have been taken abroad unlawfully and seek urgent legal advice.

Where a child has been taken abroad, a solicitor can advise on whether the Hague Convention on Child Abduction applies and help you contact the International Child Abduction and Contact Unit.

When arrangements are not being respected

If you have an agreed arrangement or a court order and the other parent is persistently failing to stick to it, you do not have to accept this.

Where there is a court order in place, repeated non-compliance is taken seriously and the court has a range of powers available, including requiring attendance at a Separated Parents Information Programme or varying the order.

Where there is no order, a solicitor can still help, whether through correspondence, mediation or an application for a Child Arrangements Order.

Planning ahead

Agreeing arrangements well before the summer holidays begin can help avoid last minute disputes.

Parents are encouraged to put plans in writing, even if relations are amicable, so that both sides are clear on what has been agreed.

If you have a court order that requires notice of holiday dates, check the notice period specified. Failing to give proper notice can give rise to a dispute or a formal breach.

Parental consent and passports

Any person with parental responsibility can apply for a child’s passport without needing the other parent’s consent and the Passport Office may issue one without notifying them.

If you are concerned about this, you can apply for a Prohibited Steps Order or ask for the child’s name to be added to the Child Abduction Warning Index.

Dual nationality can also add complexity, as a child may be able to travel on a foreign passport without the same consent requirements applying. The courts in England and Wales can still make orders preventing a child from leaving the jurisdiction even where a foreign passport exists and these can often be registered abroad through international legal frameworks.

When agreement cannot be reached

Court proceedings are generally a last resort, so other routes should be considered, including direct negotiation, mediation and collaborative law, where both parents and their solicitors work together in meetings to find a solution.

You can also consider arbitration, where a private family arbitrator makes a binding decision, which can be enshrined in an order.

Resolving matters away from court is usually quicker, less stressful and less costly for everyone involved, including the children.

Our family law team can help you put clear, workable arrangements in place for the summer holidays or assist with mediation and court applications where agreement cannot be reached. Get in touch today for expert advice on child contact arrangements.