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Excitement levels are mounting in school classrooms the length and breadth of the country in the countdown to pupils breaking up for the summer holidays.

Lasting around six weeks, the summer break is the longest in the school calendar. It also brings added challenges for separated and divorced parents – many of whom work full time and do not have extensive support networks.

Children will understandably want to spend as much time as possible with both parents along with their wider family and friends.

Here are some steps parents can take to ensure stability in a shared commitment.

Plan Ahead   

Try to set aside your differences to always put your children’s interests first. Planning in advance will avoid stress and confusion about arrangements for childcare, days out, and holidays at home and abroad.

Involve Children in Plans

Children and young people need certainty and security. Involve them as much as possible – and as far in advance as possible – in decision making to avoid any surprises. This helps them to adjust to new arrangements. Remember though that the decisions are yours. Whilst children need to feel heard, they do not want the responsibility for deciding the arrangements, especially where their parents may be in conflict.

Call on the Wider Family

Planning for a six-week break can be challenging. Call on your support network (if you have one) to help with shared responsibilities. This is also a positive opportunity for children to catch up with grandparents, step siblings and wider family members to re-establish existing bonds or forge new ones.

Taking Children Abroad

There are only two circumstances in which your ex can take your children abroad for up to a month without your permission. The first is if they have a Child Arrangements Order that verifies that a child “lives with” them, or if they secure a Court Order – called a Specific Issue Order – giving consent.

A Specific Issue Order is applied for if your ex does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to consider the facts of each case and decide whether the child should be allowed to travel. We always recommend taking expert advice from experienced family lawyers.

In our experience, a spirit of compromise, co-operation, and flexibility among parents will go a long way to help children make magical memories that they can treasure in later life.

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ABOUT KATE BANERJEE

A widely recognised leader in Children Law, Kate heads Jones Myers nationally and internationally renowned Children’s Department. She is highly experienced in cases which include contact and residence disputes and child protection law.

Kate also has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She is also a Member of the Child Care Panel representing parents, guardians, Local Authorities, and children. Jones Meyers

The reopening of foreign holidays from this month is causing divorced parents to worry that their ex will want to take their children abroad.

The concerns are further heightened by the continuing global pandemic which places countries in a traffic light system of green amber and red depending upon their Covid figures and degree of risk.

The safety of your child is of paramount importance. At present it is illegal to travel abroad without a reasonable excuse. Anyone thinking of travelling for pleasure from May 17 when restrictions are lifted should follow Government advice on this website https://www.gov.uk/foreign-travel-advice

Outside of the ever changing restrictions due to Covid-19, there are only two circumstances in which your ex can take your children of the country for up to a month without your permission. Covid rules and regulations have not changed that.

The first is if they have a Child Arrangements Order that verifies that a child “lives with” them, or if they secure a Court Order – called a Specific Issue Order – giving consent.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to consider the facts of each case, and determine whether the child should be allowed to travel.

In reaching this decision the Court is likely to take into account relevant factors such as government advice, and quarantining rules, as well as other factors such as durations of the holiday and location etc. The Court is usually fairly reluctant to stand in the way of a child enjoying quality family time on a holiday abroad unless there is a clear justification for it.

For an application to be successful, the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away.

Examples of when the court may not approve a holiday would be if a child may be at risk due to medical reasons or if they are travelling to a dangerous part of the world. It might also be reasonable to assume the Court may consider a further reason being the proposal to travel to one of the 40 countries currently on the Government’s red list.

Courts are also more wary if your ex plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the court for a Prohibited Steps Order which prevents either of you taking your children outside the country without the other’s permission.

If your ex pressurises you to approval their travel plans, we advise taking expert legal advice on the legality of the travel. You can also keep hold of your child’s passport until you have the details of the holiday and are satisfied it is safe to travel.

Click here for more articles from Jones Myers Solicitors

ABOUT KATE BANERJEE

Kate heads Jones Myers renowned Children’s Department. She is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”.  Jones Meyers

This is undoubtedly a formative period in the development of children and young people returning to the classroom for the first time in over five months.

However the school environment and routine that was reassuring and familiar to them earlier this year has changed dramatically as a result of the Covid-19 pandemic.

New measures implemented to help safeguard their well being include one way systems, different playground rules and staggering starting and finishing times.

Secondary pupils in local lockdown areas will also have to wear face coverings in school corridors. 

While looking forward to being reunited with their friends, children will understandably feel anxious about the new rules, particularly those who are old enough to have seen and read about the mixed reactions to schools reopening.

It is therefore vital that their parents – particularly those who are divorced or separated – do their utmost to help ensure a smooth transition.

This can be achieved by working together in a spirit of mutual cooperation to communicate even more closely with their sons and daughters and find out how they think and feel about the myriad of changes they face.

Talking to them and reassuring them why the measures are needed will help to ease apprehensions and anxieties they may be experiencing.

Making sure children stick to a routine outside of school with set times for eating, bedtime and pastimes has also taking on an unprecedented importance.

Creating a stable environment where the best interests of children and young people are the overriding priority requires establishing and sustaining a workable solution.

Above all in these turbulent times estranged parents can remind their children that they both love them very much and are here for them in the days, months and years ahead.

Click here for more articles from Jones Myers Solicitors

About Kate Banerjee

Kate heads Jones Myers renowned Children’s Department. She is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”.

www.jonesmyers.co.uk

With schools now closed across the whole of the UK, Jones Myers niche family law firm is calling on divorced and separated parents to work together for the best interests of their children in these extraordinary times.

We understand and empathise with the practical and emotional challenges facing everyone as the coronavirus crisis continues and advice about social isolation measures is stepped up.

It is especially important for divorced and separated parents to collaborate for the best interests of their children who will also understandably feel nervous and apprehensive.

The severe situation may present particular challenges with children’s routines due to school closures, the nature of their parents’ work – or if a parent or child have been diagnosed with the virus and need to self-isolate.

Parents are also aware that grandparents, who have historically played a major role in childcare, are in the virus’s highest risk category.

We’ re receiving calls from concerned parents about their children’s welfare and advising they keep updated with the developments from official authorities such as schools and health care professionals.

We also offer the following practical advice to estranged parents:

• • Stay calm and collected, put aside your differences and agree a plan of action which ensures your children’s health, wellbeing and interests come first

• • Be flexible and open minded about changes in parenting time and work together to find a workable solution

• • In particular, agree a plan of action if one of you or the children are required to self-isolate. This includes keeping in touch by FaceTime, texts or post cards

• • In the above cases, agree on what you will tell your children and explain and keep them up to date on how the other parent is affected.

• • Continue to tell your children that you both love them very much and keep explaining why their routine may have to change

• • Listen to them and try to avoid passing your anxieties onto them – children are highly sensitive and will become more unsettled if they pick up their parents’ concerns.

Click here for more articles from Jones Myers Solicitors

Working together in a mutual spirit of cooperation and collaboration is crucial to ensure the needs and sensitivities of children remain a priority throughout – and beyond – these extraordinary circumstances.

About Kate Banerjee

Kate is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”. www.jonesmyers.co.uk

In our extensive experience, divorced or separated parents become anxious for many reasons when one of them wants to take their children abroad.

There are only two circumstances in which your spouse can take them out of the country for up to 28 days without your permission – if they have a Child Arrangements order (formally called a Residence Order) that a child “lives with” them, or if they secure a Court Order giving consent – a Specific Issue Order.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to resolve a matter by considering the facts of each case, and determining whether the child should be allowed to travel.

For an application to be successful the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away.

Examples of when the court may not approve a holiday would be if they are travelling to a dangerous part of the world, or if the child may be at risk due to medical reasons. Generally, the Courts take the view that a holiday is in the child’s best interests unless there is good reason otherwise.

The Court will make its decision based on what is in the child’s best interests. In the majority of cases an order will be granted if the child is keen to go on the break and will benefit from it – and providing your ex promises to bring them back when the holiday is over.

Courts are more wary if your spouse plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the Court for a Prohibited Steps Order which prevents either of you taking the children outside the country without the permission of the other parent.

Parents who object to their children going abroad are often pressurised by their ex to give their approval. If you find yourself in this positon then you should seek legal advice on the legality of the travel. A practical tip would be to keep hold of your child’s passport until you have the details of the holiday and are satisfied that it is safe to travel.

In most cases the planned trip abroad genuinely is just that. However if you are worried that the holiday may be part of a plan for abducting your child, by which we mean permanently removing your child from the jurisdiction, we recommend you look out for the following signs:

• Selling a house
• An interest in obtaining a copy of your child’s birth certificate
• Making moves to obtain your child’s passport
• Leaving a job

If you think that there is a chance your child may be abducted abroad, then you should also consider the following preventative steps:

• Ensure contact is supervised. In extreme cases, you may seek to stop contact altogether
• Keep passports safe and consider depositing them with a solicitor
• Ask the Passport Agency to block your ex from applying for a new passport
• Notify your child’s school about who is allowed to collect them

The severe psychological impact on children who have been abducted can be devastating and long lasting. If in doubt, seek legal advice immediately.  

Click here for more articles by Kate Banerjee

About Kate Banerjee

Kate is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”.

Jones Myers