Holiday survival guide – tips on childcare responsibilities

Wake Smith Solicitors 28 April 2017

The clocks have just gone forward, but it really is important to plan ahead when making arrangements for the summer school holidays and your family.

Forward planning reduces animosity and avoids conflict, but it can also help you and the other parent discuss how you are going to meet your respective childcare responsibilities.

Alison Gaddes, family  solicitor at Wake Smith, looks at some helpful tips and ideas for getting sorted ahead of the break.

“The first point is to consider what dates you would like to see the children, along with times for collection and return.

“The easiest way to do this is arrange a meeting with the other parent, or put your proposals down in writing.

“Remember there are no rules about how much time parents can spend with their children, but it is generally accepted that school holidays should be shared between the parents.

“And consider the age of the children and how the length of time away from the other parent could impact them.”

When holidaying abroad many people are not aware that they need the consent of the other parent to take a child on holiday outside of England and Wales, unless they have a Residence Order or Child Arrangement Order that the child lives with them, which automatically allows you to take the child out of the jurisdiction for up to four weeks.

“Therefore, if you are taking a child abroad on holiday, it is recommended that you get a letter from the other parent confirming their consent.

“We also recommend that you obtain a copy of the photo page of the other parent’s passport and also have a contact number handy just in case you are stopped at boarder control at the airport.”

If the other parent refuses to allow you to take your child abroad, you will need to make an application to the court to get permission from the court to take your child out of the jurisdiction.

Alison added: “If you are in this situation you need to make this application straightaway, especially if you have already booked your holiday and consent has been withdrawn or if you are concerned were your child is being taken abroad or that they will not be returned  to the UK. Getting a court hearing can take several months, unless extremely urgent and so it’s important to make an application if you have booked for the coming summer holidays.

“If you are unsure whether the other parent consents to you taking your child on holiday, ask them first before you book a holiday and get their consent in writing.”

The summer holidays can be long for working parents so make sure you have your child care in place for over the holidays.

“Discuss with the other parent when you want to spend time with the children, then work out when you will need to pay for child care and who will be responsible for paying the child care provider.

“The general rule is if you normally have the child in your care on certain days during term time, then you are responsible for paying the child care costs if you are at work when your child is in your care,” added Alison.

“If you are unable to reach an agreement about how you are going to share the holidays or whether a parent can take a child abroad on holiday, you will need to consider whether an early approach to the Court to resolve your issues, is necessary.

“The summer holidays will soon be here, and if you have not thought about sorting it out now, you may find you will not get a court date before school starts in September, so act now to avoid disappointment.

For further advice contact Alison Gaddes at Wake Smith on 0114 266 6660 ot at [email protected]

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