Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

Posted on 2nd March 2023 by McAlister Family Law

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

New laws will soon be introduced to protect victims of domestic abuse from having to deal with the other parent, if they are the perpetrator of the abuse, in regard to child maintenance applications. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and how the Child Maintenance Service is going to support them.

It’s not physical violence, is it Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

In addition to the above, you might feel anxious about claiming child maintenance from the other parent, if they have been abusive towards you, because they might use a child maintenance application as a way to further contact you, harass your, intimidate you or as a way of exerting financial control.

What is Child Maintenance? Can I claim this?

All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Child maintenance is the regular, reliable financial support parents provide for their child when they separate. It can help towards a child’s everyday living costs and give them the best start in life.

Child maintenance can be agreed voluntarily between parents. If an agreement cannot be reached, then an application can be made to the Child Maintenance Service (CMS) – a government body that assesses one parent’s financial means and can make a mandatory requirement that he or she pays child maintenance to the other.

The amount of child maintenance that will need to be paid will depend on a number of factors. For further information visit the Government website.

How will the Child Maintenance Service help me?

Under the new measures soon to be introduced, the CMS will:

Give you the choice, as a survivor of domestic abuse, to allow the CMS to collect Child Maintenance and make payments on your behalf. This would be without the consent of the abusive ex-partner.
Be given powers to report suspected cases of financial coercion to the Crown Protection Service.

Senior Associate, Melissa Jones comments “this is a very helpful and proactive step in tackling domestic abuse and practically assisting survivors of domestic abuse. Sadly, help for a victim is not only needed when they are still with perpetrator but long after too, and with Child Maintenance claims, protection might still be needed after the relationship has ended to prevent further emotional and financial control. The new measures are much needed, and will no doubt help a number of domestic abuse survivors in difficult times and adds an extra layer of protection as they move on with their lives.”

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation,

If you are anxious about claiming child maintenance, want to learn more about your rights pet and want some advice, then contact our team of family experts who can advise you further.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Sources

https://www.familylawweek.co.uk/site.aspx?i=ed235424

Maya Jama receives legal letter demanding £800,000 ring back

Posted on 26th January 2023 by McAlister Family Law

Maya Jama receives legal letter demanding £800,000 ring back

Maya Jama receives legal letter demanding the return of £800,000 engagement ring to ex-fiancé Ben Simmons. Here, Lisa Brown looks at what happens to the ring if an engagement is called off.

The new Love Island host and basketball player ended their relationship last summer after Ben’s proposal to Maya over the Christmas period. This week, Maya reportedly received a letter demanding the return of Ben’s engagement ring, but if one half of an engaged couple calls off the wedding, what happens to the engagement ring?

Not every engagement leads to a wedding, and even for those who do get married, there may be a divorce down the line. As divorce lawyers, it’s not unusual for the soon-to-be-ex-couple to argue about who keeps the engagement ring, particularly if the ring was expensive.

One half of the couple will put forward the argument that they bought it, so they own it. The other half of the couple, naturally, will advance the argument that the ring was given to them as a gift, so they can claim rightful ownership.

What does the law say about engagement rings?

The Law Reform (Miscellaneous Provisions) Act 1970 states:

“The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason.”

This means that unless there was an agreement to return the engagement ring if the wedding was cancelled, then the recipient is under no obligation to return the ring.

What if the engagement ring is a family heirloom?

If the engagement ring is a family heirloom, perhaps passed down through the family for many generations – and the recipient was made aware of this at the time – then it may be easier to succeed in an argument that the ring should be returned if the wedding is called off. However, no matter how sentimental the ring may be, if there has been no agreement made that the ring must be returned to the proposer, the Act still stands.

How do you ensure that you keep the ring if things don’t work out?

Many couples now enter into a prenuptial or postnuptial agreement. If the parties feel really strongly about it, provision for the fate of the engagement ring can be included in the agreement as a specific term should the couple divorce. Otherwise, the same general rule applies: the engagement ring is an absolute gift (and therefore not returnable) unless there was a condition made about the ring being returned when it was given.

So, if you are planning to ask your loved one to marry you this Valentine’s Day, maybe consider the future of the ring. We know that thoughts of break-ups and divorces should be the last thing on your mind, but if the ring has a lot of sentimental value, it might be worth protecting it in some way.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

School admissions season – what happens if we disagree?

Posted on 19th January 2023 by McAlister Family Law

School admissions season – What happens if we disagree?

January is never an easy month. It is one of the few times in the year where two 31-day months follow one after the other, spring feels like a lifetime away and pay day even further. On top of that, it’s school administration season. Here, Michael Compston looks at what happens if parents cannot agree on a school and how the choice can be made both inside and outside the court.

The local authority deadlines vary from authority to authority, but generally primary school deadlines are in place for the middle of January. Miss that deadline and your child runs the risk of not being accepted into their first-choice school and the application being considered as a late application.

Secondary school applications tend to run on a slightly different timetable, with deadlines being earlier in the academic year. However, we find that secondary school applications follow a more structured process as children/parents tend to be guided through this by the primary school during the child’s final year.

Children getting ready for primary school do not always have that information or guidance readily available, so this blog aims to consider how to resolve any issues arising out of primary school admissions.

Most if not all Local Authorities now process these applications online. The process is fairly straightforward; you go to the prospective schools, decide which ones you like or do not like, then select those schools in preferential order.

But what happens if you and the child’s other parent disagree? If you both have parental responsibility for a child, then it is incumbent on you both to come to a decision together. One of you may favour the school with strong academics or greater extra-curricular provision, whereas the other favours the school with more green space or a better pupil to teacher ratio. If you cannot agree on the preference order, how do you resolve matters?

Outside of court

The first solution is a simple one. Talk to each other. It might sound simple but actually discussing your preferences and why you think one school is better than the other can open up topics for discussion that you might not have considered.

If you are not able to reach a decision by discussing the matter between yourselves, then another option is to attend mediation. Mediators are trained to facilitate discussion between parents across a broad range of matters, not just limited to discussions around child contact. They can offer a neutral perspective and encourage back and forth discussion between the two of you.

Court proceedings

Should mediation not work, then the last recourse is to ask the court to make a decision by making a Specific Issue Order to decide that specific point. Alternatively, if the other parent is refusing to allow you access to the application and is preparing to submit the application themselves, it could be an application for a Prohibited Steps Order to prevent them submitting the application. Either way, both applications would be considering the same thing – what is in the best interests of the child.

This can be a costly exercise and a time-consuming exercise too. You are essentially asking the court to make a decision that, ultimately, is about what is best for the child. The court has not met your child, the court does not have the knowledge of the schools that the parents have, so you must think carefully before asking the court to intervene and make a decision that will have a long-lasting effect on your child’s education; if the child remains in their school, they will be in primary for seven years or secondary for five, so it is an important decision.

If you do end up in court proceedings, the court must consider what is in the child’s best interests. The court would almost certainly say initially that this is a decision that the parents should come to themselves; after all, the parents know the child better than the court. You would most likely both need to prepare witness statements on why you consider that your order of schools is the most suitable and then be prepared to argue your case in front of a judge.

Whilst this is very much a last resort, it is important to remember that this is the last recourse for the court. If you cannot agree, the court will likely want order you both to give evidence. It is far, far better if you can resolve matters between yourselves, with or without the help of a mediator, rather than reverting to the court process.

One Final Thought

Throughout all of these avenues for resolving any dispute on school choices, it is important to remember that the ultimate decision on where a child goes to school is down to the Local Authority in terms of state schools. The order of preferences is still important, as it will help to inform the decision of the Local Authority, but the decision is ultimately one for them.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

We cannot agree on counselling for our child – What will the court decide?

Posted on 12th January 202312th January 2023 by McAlister Family Law

We cannot agree on counselling for our child – What will the court decide?

According to statistics, nearly one in 10 children and young people are affected by a mental health problem. The good news is that there is now more awareness of this issue and a number of resources available to children and young people who may be suffering. Here, Melissa Jones looks at what the court can decide if parents cannot agree on counselling for their child?

Understandably, separation and divorce can be a difficult and anxious time for children. They might feel confused and believe they need to “pick sides”. They might also believe that the separation of their parents is “their fault” and might be feeling guilty.

Where does this leave you?

Decisions on a child attending counselling would fall under the umbrella of medical decisions. If you both agree, then great, they would attend counselling. If only one parent agrees, this does not necessarily mean that the counselling should go ahead and with such important decisions is not advisable to act unilaterally. This issue should be agreed upon by all of those with parental responsibility for the child(ren).

What is Parental Responsibility?

Under section 3 (1) of the Children Act 1989 “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

What application do I need to make?

In the absence consent from all those who hold parental responsibility, a parent may wish to apply to the court for a Specific Issue Order, for the court’s permission to enable them to make decisions about the child in the absence of the other parent’s consent.

The application that would need to be made comes under Section 8 of the Children Act 1989 and is for a specific issue application; to specifically address what is the best interests of the children’s education and medical matters. Within the proceedings evidence shall be put forward by both parents to set out how their proposal is in the children’s best interests.

However, prior to making an application, the court would encourage the parties to engage in Alternative Dispute Resolution, to see if matters can be resolved. It may be that if you have spoken to a medical professional or a GP who highly recommends that the child or children attend counselling then you may be better assisted in your discussions with the other parent or in any application to the court.

Most importantly it would be best to understand why the other parent objects to the child(ren) attending counselling. Perhaps they need more information first or would like to speak to the counsellor themselves either on their own or jointly with you.

What will the court decide?

If matters relating to a child’s medical care are put before the Court, the matter then becomes a question of what is best for the child and not what is best for the parents. The Court’s primary consideration will be the needs of the child and will have regard to the Welfare Checklist (s.1 (3) CA 1989) when reaching their decisions. Arguably attending Counselling for the child might be in the child’s best interest and a vital resource to help them deal with their mental health issues. Conversely, it might not be necessary for the child to attend counselling and it may be considered intrusive and invasive given their age, characteristics and understanding. It is of course a balancing act.

Can I not just take them to counselling anyway?

However, if one parent has taken matters in their own hands and begins the process of making medical decisions without the other parents’ consent, that would not be perceived well by the court. In fact, if you choose to ignore the other parent’s views or objections, then they in turn could make an application to the family court to prevent you from making the child(ren) available for counselling. This also comes under Section 8 of the Children Act 1989 and would be for a prohibited steps order; to prohibit the child(ren) from attending counselling.

In all cases and at all times parents are strongly encouraged not just to communicate their wishes, but to co parent effectively for the best interests of their children.

If you need advice on this topic, or any other matters concerning children issues, please get in touch with our private child team at McAlister Family Law.

Resource: https://www.counselling-directory.org.uk/young-people-stats.html#riskfactors

How will I get a fair divorce settlement if my ex hides their assets?

Posted on 5th January 20235th January 2023 by McAlister Family Law

How will I get a fair divorce settlement if my ex hides their assets?

A common worry that those divorcing have is that their ex will hide assets to prevent them receiving a fair divorce settlement. Thankfully most people who get divorced are honest about their financial circumstances, but what if they are not? Here, Partner Fiona Wood discusses what you can do to if you suspect your spouse is hiding assets throughout financial settlements.

Before a financial settlement is negotiated it is usual for both spouses to give full financial disclosure, confirming all their assets, company interests, pensions, incomes and liabilities. Documentation needs to be provided to support what they state their financial circumstances are, including bank statements for all accounts for at least the last 12 months. If assets have not been disclosed it is often possible to prove this from the documents that have been provided, such as regular transfers from one bank account to another account that has not been disclosed.

Sometimes people give assets to friends or family, shortly before they divorce, in an attempt to exclude them from the divorce settlement. If an asset has been transferred to another person at an undervalue within a period of three years before the divorce, the onus is on the person who did this to prove that it was a legitimate transfer that was not done to reduce their ex’s financial claims. If they cannot prove this, a judge can overturn the transfer, or they can add the amount that has been lost back into the matrimonial pot.

If you are genuinely concerned that your ex is about to give away an asset or transfer it out of the country, you can apply to court for a freezing order. You need good evidence that this is about to happen, to successfully obtain a freezing order, but it is an order that can be made in court proceedings.

Sometimes one spouse has complicated finances, often of an international nature, and their ex is concerned that they will not provide a true picture of their assets. In this scenario you can do some research yourself, looking at Companies House and at the Land Registry in the UK, both of which are accessible to the public, and their equivalents in some other countries. I had a case where one spouse failed to disclose a property that he purchased in Florida, but as there is a public land registry in Florida, we were able to show that they owned this property.

There are also professionals who specialise in assets tracing, on an international scale, who use all legal means available to track down assets owned in the UK and across the world. Even if they cannot locate specific assets, they may be able to provide enough information to enable you to convince a judge that there are hidden assets and that this should be taken into account within the divorce settlement.

If you are concerned about your ex hiding assets to reduce your financial claims on divorce, there are several ways in which you can investigate this and there are legal remedies available to you if it transpires that they have done this or they are about to do this.

Understandably Judges are very unimpressed by those who do try to hide assets. There are likely to be cost orders made against them. Also, as Judges have a broad discretion when it comes to deciding what a fair financial settlement is, so the judge may order that they receive a less generous settlement than they would have received if they had not tried to hide assets.

If you have already obtained a financial settlement, but it comes to light that your ex failed to disclose some of their assets whilst you were negotiating that settlement, the financial settlement can be reopened. There are significant consequences for those who try to hide assets. Don’t do it!

If you are affected by any of the issues raised here, please get in touch today. We are here to help.

Emotional affairs, is it cheating?

Posted on 22nd December 2022 by McAlister Family Law

Emotional affairs, is it cheating?

Emotional affairs, some people don’t count it as cheating and others do. With no physical relationship in an emotional affair, how do family lawyers view it and is it grounds for a divorce? Here, Frances Bentley explores emotional affairs, questions if they should be classed as cheating, and explains whether it is grounds for a divorce.

There has been a lot of focus recently on emotional affairs and what they mean. Some people believe it doesn’t count as cheating because there is no physical relationship with somebody else. Some people think it is worse because that person is becoming emotionally reliant on somebody else, rather than their own partner or spouse.

An emotional affair is bond between two people which mimics or matches the closeness of a romantic relationship but isn’t physical. There has been a survey completed In the USA which concluded that 35% of women and 45% of men had admitted having an emotional affair before.

So why do emotional affairs happen in the first place?

It does raise a question as to whether there is a wider problem within the marriage. There could have been a breakdown in communication, it could be the result of not spending enough time together, or there could be a general lack of happiness within a marriage. Recent reports have looked at emotional affairs and asked some people to comment on their experiences and the impact. Here is what they said:

“It’s now been 6 months and I love him”

“My emotional affair is coming to an end after 2 years. I am feeling sad and pensive”

“I miss my emotional affair now that it’s gone…I feel so alone”.

It is clear that an emotional affair can put incredible strains on a marriage, and even lead to marriage breakdown leading to divorce.

What about Divorce and the Law?

Before the divorce law changed in April 2022, as family lawyers we saw clients who thought that their partner having an emotional affair constituted “adultery”. To them, their spouse having an emotional relationship with someone else had caused their marriage to break down. However, under the old law an affair could only count as adultery if there had been a sexual relationship and if that sexual relationship was with a person of the opposite sex.

This was sometimes a devastating discovery for both individuals whose partner had an emotional affair or had engaged in a same sex sexual relationship. The law came under fire for being completely outdated (and rightly so). We had to advise our clients that rather than the affair being labelled as adultery, they would have to rely on it being “unreasonable behaviour”. Understandably, to them didn’t feel like it carried the same recognition of the affair that had caused the marriage to break down. Adultery and unreasonable behaviour petitions were plagued with issues; more often than not it would result in the other party refusing to accept or admit the behaviour, toing and froing on the wording of divorce petitions, animosity and a feeling of complete lack of control over the process for person applying.

In April 2022 the old divorce law was completely abolished, with the “facts” needing to be relied on (such as adultery and unreasonable behaviour) being removed.

A person applying for a divorce now needs to simply confirm within the divorce application that the marriage has “irretrievably broken down”. There is no need to worry about the other person refusing to accept the behaviour happened or refusing to admit it (which often left a person bringing the divorce having no recognition of why the marriage had broken down).

Although the new divorce application doesn’t require an explanation of what caused the marriage breakdown, the law being simplified now means that individuals who have been on the other side of any affair (whether that be an emotional affair or a physical affair) can relatively simply make a divorce application and confirm there has been “irretrievable breakdown” as a result of the affair. It now allows them an element of control over the divorce process which for many, was much needed.

If you are affected by any of the issues raised here, please get in touch today. We are here to help.

Back to school – choosing a school between separated parents

Posted on 4th October 202224th January 2023 by McAlister Family Law

Back to school – choosing a school between separated parents

This time of year, Instagram is full to the brim of ‘first day of school’ pictures, whether it’s a brand-new school or little ones progressing to the next year. But choosing which school a child attends, especially between separated parents, can be an exceptionally difficult process. Here, Ruth Hetherington looks at what the Court may decide if separated parents can’t see eye to eye.

A child’s first day of school is no doubt a big day, whether it’s their first experience of school or going back after the holidays. It is the start of something new for both parents and for the child, a new chapter, either the start of their life in education or progression onto the next phase

The decision of which school a child shall attend is of fundamental importance. It will hopefully provide stability and security for the child during their childhood, and it will

no doubt shapes the child so as to inform their own decision making as an adult. Lifelong friendships will also be formed and therefore how your child progresses through their informative years of education can be a difficult and stressful decision for parents, particularly if there are separated and have different views on how their child should be educated.

Despite the importance that surrounds the decision of which school a child shall attend, sadly it is all too common for one parent to unilaterally make that decision which can be wholly wrong and at times unlawful. If both parents share parental responsibility, they then have a right to have a say in the decision-making process of how and where their child should be educated. This can often be an arduous task for parents, especially if one parent attempts to enrol a child into a school where the consent of the other parent has now been sought or secured.

If you share Parental Responsibility with the other parent , you should consult each other in respect of big decisions that relate to the wellbeing of your child. The decision of which educational placement a child shall attend is a decision where both parents’ views should be ascertained with careful consideration being given to both sides.

If you cannot agree which school your child is to attend, then you should make an application for a Specific Issue Order. This means that the Court is being asked to make the decision for the parents. If one parent tries to make the decision unilaterally, then you could be faced making an application to the Court for a Prohibited Steps Order, preventing the enrolment of your child in the chosen school of the other parent..

If the decision relating to a child’s school are put before the Court, the matter then becomes a question of what is best for the child and not what is best for the parents. The Court’s primary consideration will be the needs of the child having regard to the Welfare Checklist (s.1 (3) Children Act 1989) when reaching their decisions. A change of school will undoubtedly bring disruption and upheaval to a child’s life. Their support network and friendships may be broken especially if any change requires either party to relocate. Relocation brings another added complexity to these decisions, as they may also affect the time that one parent spends with their child. These decisions should not be taken lightly and wherever possible an agreed approach between the parents is preferable to a Court making the decision. However sadly we see this scenario on a regular basis and detailed and clear legal advice is also crucial.

The above issues identified are simply the ‘tip of the iceberg’ and of course there are other factors to consider including the ascertainable wishes and feelings of the child, dependant of the age of the child. But they demonstrate why big decisions need and require careful deliberation with the views of both parents being respected and considered.

Children born out of wedlock and separating parents

Posted on 22nd September 202224th January 2023 by McAlister Family Law

Children born out of wedlock and separating parents

The Office for National Statistics have recently reported that the majority of children born in 2021 in England and Wales were born out of wedlock. Here, Weronika Husejko looks at what protection is in place for unmarried couples with children should they decide to separate.

The ONS recently reported that approximately 51.3% of children were born to parents that were not married or in a civil partnership.

Whilst there has been a steady increase in children born out of wedlock over the last decade, it appears that this recent spike has been directly impacted by the COVID-19 lockdown. During the lockdown, many couples were prevented from marrying and entering into civil partnerships. As a result, far more children were born to unmarried parents.

What significance does this have?

The main impact of this trend is upon separation. This is because unmarried couples do not have the same legal protection as married couples when they decide to end their relationship.

Unfortunately, no length of cohabitation results in a married legal status. Common law marriage does not exist in England and Wales.

It is important that parents are aware of the fact that there is different financial provision upon separation for those who are unmarried. For example, married couples are entitled to apply to the Court for various Orders which unmarried couples cannot, such as spousal maintenance.

What can you do to protect yourself?

You may consider putting together a cohabitation agreement. This is an agreement between two people that decide to live together as a couple which can cover various areas including finances and child arrangements.

This type of agreement can also provide for finances upon separation. Unmarried parents can still be entitled to child maintenance and may be able to apply for various financial Orders in respect of the child from the other parent under Schedule 1 of the Children Act. However, a cohabitation agreement can provide unmarried parents with additional protection and certainty as to what the arrangements should be, both financially and with regard to arrangements for their child, in the event that the relationship ends.

It is essential that unmarried parents obtain legal advice upon separation in relation to their children and their options for financial support.

Choosing a new school – what if separated parents don’t agree?

Posted on 15th September 202224th January 2023 by McAlister Family Law

Choosing a new school – what if separated parents don’t agree?

This week we’ve seen Instagram full to the brim of ‘first day of school’ pictures, whether it’s a brand-new school or little ones progressing to the next year. But choosing which school a child attends, especially between separated parents, can be an exceptionally difficult process. Here, Paul Reay looks at what the Court may decide if speared parents can’t see eye to eye.

A child’s first day of school is no doubt a big day, whether it’s their first experience of school or going back after the holidays. It is the start of something new for both parties, for the child, a new chapter, either the start of their life in education or progression onto the next phase. For parents, it is potentially the end of what has been an extremely demanding summer holiday. No doubt, if the camera turned to take a picture of the parent waving off their beloved child, there would be a glisten in their eye at the prospect of being able to have 10 minutes peace.

The decision of which school a child shall attend is of fundamental importance. It is the reality that a child will form close bonds with their classmates, some who could go on to become friends for life. I know from my own experience that the majority of my closet friends I met at school became lifelong friends, some of which became my best man and groomsmen.

Despite the importance that surrounds the decision of which school a child shall attend, sadly it is all too common for one parent to unilaterally make that decision which can be wholly wrong and at times unlawful. Separated parents can often become stuck when making the all-important decision, especially if there are differences in Parental Responsibility. If you share Parental Responsibility with your spouse, you should consult each other in respect of big decisions that relate to the wellbeing of your child. The decision of which educational placement a child shall attend is a decision where both parents’ views should be ascertained with careful consideration being given to both sides.

In the circumstance where both parents share Parental Responsibility, but one parent has made the decision on which school the child should attend, without the input or consent of the other, it could be demand unlawful.

Only this week, I was required to issue an urgent application to the Court, seeking a Prohibition Steps Order, preventing a Mother from removing a child from his long established place of education, just because she wanted to up-sticks and move to another part of the country with little or no notice given to my client. Despite raising his opposition to any proposed move his views were not respected, sadly discarded instantly, which happens all too often between separated parents.

If matters relating to a child’s school are put before the Court, the matter then becomes a question of what is best for the child and not what is best for the parents. The Court’s primary consideration will be the needs of the child and will have regard to the Welfare Checklist (s.1 (3) CA 1989) when reaching their decisions. A change of school will undoubtedly bring disruption and upheaval to a child’s life. Their support network and friendships may be broken especially if any change requires either party to relocate. Geography may require any previous agreement to be tweaked and if it is going to be the case that the child can’t see a parent often, then discussions need to be had about how this is managed; does the child have time in the school holidays, do they have the full week in the October half term?

The above issues identified are simply the ‘tip of the iceberg’ and of course there are other factors to consider including the ascertainable wishes and feelings of the child. But they demonstrate why big decisions need and require careful deliberation with the views of both parents being respected and considered.

How are holidays divided between separated parents?

Posted on 8th September 202224th January 2023 by McAlister Family Law

How are holidays divided between separated parents?

How holidays are divided between separated parents can often be a real concern, but what if parents cannot come to an agreement? Here, George Wilson looks at the factors that the family court will take into consideration when deciding what is in the best interest of the child.

How holidays, be those of a religious nature, linked to the school calendar, or something else, are divided can be a real concern for many separated parents. Many parents have struck a balance in terms of agreeing where, and with whom, a child will spend such holidays. However, sometimes separated parents will look to the family court to decide and help them, and their children. It is first important to note that any determination that the court makes in regard to holiday arrangements will take into account the specific facts of each individual case and look squarely at what is in each child’s best interests.

Often, parents who live close to one another can often reach an agreement between themselves, whereas parents who live many miles away from one another will simply not be able to achieve such an outcome. It is almost impossible to say, with any certainty, how the court would deal with each individual case without a full knowledge of the child(ren) involved, the history of the parents, and any arrangements that are already (or have been) in place. It is possible to provide some insight as to how the court might deal with certain holidays.

In terms of the school holidays, separated parents must consider the summer holidays, Easter, and half-terms.

Often, the summer holiday (being the longest school holiday) will be split on a week on, week off basis, so that there is some routine for the child(ren) concerned and so that both parents are able to spend adequate time with them. That being said, in some cases it may be that a week with each parent, and then two weeks with each parent, may work better due to overseas travel or other plans. It is rare for the summer holidays, assuming they are 6 weeks long, to be divided down the middle on 3 weeks on, 3 weeks off basis. In circumstances where one parent has not spent extended duration’s of time with the child(ren) for a long period, it may be that the court determines that there is some form of stepped plan to arrive at prolonged holiday contact.

In relation to the half-terms, many parents will simply agree to have a set half-term holiday, with the other parent taking either the remaining two holidays or agreeing to take one and divide the third. Other parents may opt for an equal division of all of the half-term holidays, with a handover of the child(ren) taking place at some point during the holiday itself. It really does boil down to what is in the best interest of the child(ren).

Easter and Christmas are slightly more complex given the religious nature of the holiday(s). Easter is often divided in the same way that the summer holiday might be dealt with, with each parent taking a set period of time with the child(ren) depending on working plans and what is best of the child(ren). Christmas can cause further issues given that the holiday is held in such importance for many people. A further blog could be written on Christmas holiday arrangements in isolation; however, many parents will opt to alternate between Christmas and new year on an annual basis. Be sure to look out for a further blog in relation to how such an arrangement might be workable closer to the festive season.

Where specific arrangements for holidays have been put into place for holidays, the usual arrangements will normally be suspended as to provide both parents with sufficient time with the child(ren), and free from the requirement to make the child(ren) available to the other parent.

Holidays are a complex issue, that many parents overlook when reaching an agreement in relation to spending time with their child(ren). It is important to consider the importance of holidays, and how child arrangements will be worked and amended around these periods. Should you wish to discuss matters involving child arrangements around the holiday periods, do not hesitate to contact a member of our specialist children team.