Help is at hand for divorced parents this Christmas - Ison Harrison

Over the past few years (since 2017) the Children and Family Court Advisory and Support Service (CAFCASS) has stated that there has been a 23.7% increase in the amount of private children law proceedings. Whilst no detailed figures exist, some of these could have been as a result of disputes about holidays or spending time with family over Christmas. Some families enjoy spending Christmas time away, perhaps swapping the winter wellies for sandals or a trip to visit family that live away, however, many parents are unaware that it is a criminal offence to remove a child from the jurisdiction without the permission of every person who shares parental responsibility for a child.

Formal arrangements that are made in relation to children and contact are made via a Child Arrangement Order. The order deals with two fundamental things – where a child is to live, and when they spend time with their other parent. The order covers what is sometimes still referred to as custody/residence and access/contact. Orders are often very varied; they can be very detailed (stating exact days and times, for example) or much broader, setting out only the very basics. The aim of the Order is to detail the arrangement which best suits the specific family. This can prove to be a great remedy to arguments around Christmas and other holidays as full details around the holiday period can be included in the order. It’s worth noting that orders can be amended anytime but only if both parents if both parties agree to this.

Local Family Law expert Abbie Churchill from Ison Harrison Solicitors provides some advice to help divorced parents avoid stressful situations and potential court proceedings down the line.

- If you are going away at Christmas take evidence with you of the other party’s consent for you to travel assuming permission is granted. This is particularly important where children do not share the same name as the person travelling. Ordinarily a letter from the other party with contact details clearly visible will suffice although you may wish to have this prepared by a Solicitor.

- Open channels of communication with the other party directly and at an early stage. Try and put yourself in their position. Do not become angry and avoid a ‘tit for tat approach’. Try to understand why they do not agree and whether there is anything you can do to soothe any anxieties or concerns they may have.

- Share information early (i.e. plans for Christmas, holiday details, flights, emergency contact numbers etc), to allow them to make an informed choice. This may prove useful for any Court applications in the future.

- Offer flexibility with regards to any arrangements already in place and afford them the opportunity for ‘time in lieu’ for any contact that may be affected as a result.

- Make arrangements for indirect contact by way of telephone and video communication for any period where the children will be absent.

- Remind the other party that the Court’s perspective is on balance that holidays are beneficial for children (providing it does not impact upon their education or you are not intending to take them to ‘riskier’ countries).

- Consider forms of alternative dispute resolution (i.e. mediation) at an early stage. Mediation can be particularly helpful for matters in relation to children and often cheaper than application to Court.

If you would like any further advice or a free initial consultation about this or any family law related matter, contact Abbie Churchill at Ison Harrogate’s Barnsley branch on 01226 337 840 or [email protected]

Ison Harrison, who recently won Law Firm of the Year at the 2022 Yorkshire Legal Awards ceremony have one of the largest family law teams in the region.