HOLIDAYING AFTER A SEPARATION

HOLIDAYING AFTER A SEPARATION

Holidaying after separation: Essential guide to Support You and your Children

School’s out again in October. For some families that means jetting off for some last minute sun, but if you’re separated from your child’s other parent, you might run into some challenges that you will need to address before you set off.

What if my child’s surname is different from mine?

It’s always best to keep in mind that customs officials, both in the UK and further afield, are likely to check anything they see as a discrepancy in passports when a minor is travelling with an adult. I’d suggest you take those documents with you that will verify your child’s legal connection to you: things like a certified copy of the child’s birth certificate (as it may provide the details of each parent’s surname) and, if relevant, your marriage certificate, as it will show the surnames before the marriage. If there is an existing court order, take that too. Be prepared, then you can’t be caught out.

Holidaying after seperation

What if my child’s surname is different from mine?

It’s always best to keep in mind that customs officials, both in the UK and further afield, are likely to check anything they see as a discrepancy in passports when a minor is travelling with an adult. I’d suggest you take those documents with you that will verify your child’s legal connection to you: things like a certified copy of the child’s birth certificate (as it may provide the details of each parent’s surname) and, if relevant, your marriage certificate, as it will show the surnames before the marriage. If there is an existing court order, take that too. Be prepared, then you can’t be caught out.

My ex wants to take our daughter on holiday – can I stop him?

The answer is “it depends.”  If there is a court order in place, usually a Child Arrangements Order (formerly a Residence Order) then a child can be taken abroad for up to a month without needing the written consent of the other parent.

But then there is the question of Parental Responsibility. If you’re the child’s mother, you automatically have it. If the child’s father was married to you when your child was born, or if he is named as father on the child’s birth certificate, then he too has Parental Responsibility.

If there’s no order in place (even when both parents share Parental Responsibility), your ex will need your written consent to his taking the child out of the United Kingdom (Section 13 (2) of the Children Act 1989). If he doesn’t get your permission and leaves the country with the child anyway, such actions might be viewed by a judge as child abduction, which is very serious.

Some ex-couples don’t get along and do their best to stop the other taking the children on holiday. Those who object to the other going away can make an application to the court for a Prohibited Steps Order to stop this happening, and if the other parent believes your consent is being unreasonably withheld, they can make an application to the court for a Specific Issuer Order, for permission to take the children on holiday in the absence of your consent.

JMW Solicitors
Nicola Wood Hair Made Easi
Elspeth JMW Family Law

Elspeth, JMW Law

Keep the lines of communication open

This is why it’s far better to keep those lines of communication open and decide these things as responsible parents yourselves.

Try to find a way for you both to agree on travel arrangements in good time. I know that in many instances this can be hard but it really is going to be your best option, as going to court can be costly and even then, it’s a quite rare for the court to deny permission for a child to be taken on holiday by a parent where there’s an existing relationship and the plans themselves are entirely reasonable.

Think ahead – and have a wonderful holiday!

Hair Made Easi

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Navigating Divorce: Essential Tips to Support Your Children

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Open and Honest Communication:

One of the most important aspects of supporting your children through divorce is maintaining open and honest communication. It’s crucial to create a safe space where your children feel comfortable expressing their thoughts, feelings, and concerns. Encourage them to ask questions and assure them that their feelings are valid and respected.

Be prepared to have age-appropriate conversations about the divorce, providing them with information that helps them understand the situation without burdening them with unnecessary details. This part is crucial. There are some things that your children needn’t be privy too. Whether that may be because isn’t age appropriate or perhaps the  Reassure them that the divorce is not their fault and that both parents will continue to love and support them.

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    Consistency and Routine:

    During times of uncertainty, such as divorce, children crave stability and routine. As much as possible, try to maintain a sense of consistency in their daily lives. Stick to regular routines for meals, bedtime, and other activities to provide a sense of security and predictability. This will help your children but the routine along with prioritising. 

    Additionally, strive to maintain consistency in co-parenting arrangements to minimize disruption and confusion for your children. Collaborate with your ex-partner to establish clear schedules and guidelines for visitation, custody, and other parental responsibilities. Consistent and predictable routines can help alleviate anxiety and reassure your children that they are still cared for and supported.

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    Emotional Support and Validation:

    Divorce can stir up a whirlwind of emotions for both parents and children alike. It’s essential to acknowledge and validate your children’s feelings, even if they may be difficult or painful to hear. Let them know that it’s okay to feel sad, angry, confused, or upset about the divorce.

    Provide emotional support by actively listening to their concerns, offering comfort and reassurance, and validating their experiences. Encourage healthy outlets for expressing emotions, such as journaling, drawing, or talking to a trusted friend or family member. Let your children know that you’re there for them every step of the way, ready to listen and support them through this challenging time.

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    Perhaps the most critical tip for supporting your children during divorce is to prioritize their well-being above all else. While it’s natural to experience heightened emotions and disagreements during divorce proceedings, it’s essential to minimize conflict and maintain a cooperative co-parenting relationship. Apps such as OurFamilyWizard can help with his.

    Avoid arguing or speaking negatively about your ex-partner in front of your children, as this can cause them additional stress and confusion. Instead, focus on fostering a positive and respectful co-parenting dynamic, where both parents work together to make decisions in the best interests of their children. A word to the wise, the courts do not look favourably upon those who show clear signs of parental alienation.

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