3 Tips for Navigating Christmas as a Separated or Divorced Parent

The Christmas holidays are approaching and with them will bring some additional considerations for separated parents. The Christmas holiday period generally tends to require more attention and planning than others and this is particularly so if one or both parents wish to travel out of the jurisdiction, with the children, as is often the case to ensure the children can spend time with both parents and extended family members. Where there is not already a court order in place that facilitates travel then arrangements and travel will need to either be agreed by the parents or permitted by a court order.

The first port of call should always be to try and reach an agreement about the arrangements for the children and to look to obtain consent from the other parent for any travel. An agreement can be reached directly between the parents, or via mediation, or any other non-court based arena. Reaching an agreement in some form or another is always going to be the best solution for the parents, and the children, but it is not always possible to do so and particularly where time is limited.

If for whatever reason an agreement is not able to be achieved, and a parent still wishes to travel with the children, then it will be necessary to make an application to the Court to seek permission for travel outside of the jurisdiction.

The application will be for a “Specific Issue Order” and the parent bringing the application will be inviting the Court to determine a specific point i.e. whether the parent bringing the application should be permitted to temporarily remove the child or children from the jurisdiction for the purposes of a holiday in the absence of an agreement from the other parent.

In considering the application the Court must consider the child welfare checklist (as set out in legislation) when making any order. The welfare and best interests of the children are the paramount considerations of the Court and not the desires of the parents.

There are some other more general considerations when thinking about making an application and it will be important to think about these matters when considering arrangements.

Plan ahead and try to seek permission from the other parent well in advance of the proposed travel dates. This will allow for a more relaxed run up to the holiday period or in the alternative ensure there is time for the application to be prepared and made to the Court if that proves necessary. There is a great deal of pressure on the Court system and the sooner the application is made the greater the chance the application will be listed in time before the proposed holiday dates;
Include as much detail as possible about proposed travel plans, flight details, where the children will be staying and return details. It will be important to provide assurances and details about a return so as to protect against any concerns about the children not being returned after the holiday and ensure transparency; and
Be as reasonable as possible in your proposals. Children often want to spend time with both parents during the holiday period and it will be important that the needs and wishes of the children are considered as a priority over what the parents might want.

If you require legal advice or assistance to apply for a Specific Issue Order in relation to travel, or any other family matters in the jurisdictions of Northern Ireland or England & Wales, then please do not hesitate to make contact with a member of our specialist team who will be able to assist.

AUTHOR:
Sally Flaherty
sally.flaherty@davidsonmcdonnell.com

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