Are you a recently separated parent struggling with organising summer holidays this year with your children? Planning holiday contact arrangements can be complex, especially for separated or divorced parents. Last-minute arrangements can add an extra layer of stress. When arranging any last-minute holiday contact, arbitration offers a faster, more flexible, and private alternative to seeking a Specific Issue Order from the court. By choosing arbitration, parents can avoid lengthy court delays and ensure their holiday plans proceed smoothly.
Preliminary Steps to Arrange Holiday Contact
Review existing agreements and order
Start by reviewing any existing child arrangements orders or agreements. These documents often contain guidelines about holiday periods.
Communicate early and clearly about holidays with your children
Initiate communication with the other parent as soon as you know your desired holiday plans. Clearly outline your proposed arrangements, including dates, destination, travel itinerary, and other alternative contact to make up any time lost by the other parent with your child.
Negotiate flexibly with your ex partner re contact with your children
Approach negotiations with flexibility. Consider the other parent’s schedule and any commitments they may have. Propose alternative contact times to ensure that both parents maintain meaningful relationships with the children.
Document your agreement regarding holidays with your children
Once an agreement is reached, document it in writing. This written record can prevent future misunderstandings and serves as verification of the agreement reached if disputes arise.
Use mediation to arrange holiday contact with your children
If initial negotiations are unsuccessful, consider mediation. A neutral mediator can facilitate discussions and help both parents reach a mutually acceptable solution.
Court Process: specific issue application
- A Specific Issue Application in family law is a legal process used to resolve disputes between parents about a particular aspect of their child’s upbringing, including holiday arrangements.
- To initiate this process, a parent must file a C100 form with the Family Court, outlining the specific issue and proposed resolution.
- The court will then list the matter for a hearing, during which both parents can present their arguments. The court considers the child’s best interests, taking into account factors such as the child’s welfare, and the impact of the proposed holiday on the existing contact arrangements with the other parent after which the Judge will make a decision.
- After reviewing the evidence and hearing both sides, the Judge will make a binding decision.
- This process, however, can be time-consuming involving two hearings, and this can delay holiday plans.
Why choose arbitration over a specific issue order?
When parents cannot agree on holiday arrangements and have left the organising of holiday arrangements to the last minute, arbitration can be a more efficient and timely option compared to applying for a Specific Issue Order from the court.
- Speed and Efficiency: Arbitration can often be arranged and concluded more quickly than court proceedings, which can be crucial for time critical holiday plans. Court schedules can be congested, leading to delays that might render the holiday impossible anyway.
- Flexible Scheduling: Arbitration sessions can be scheduled at times that suit both parents, unlike court dates which are fixed and may be weeks or months away.
- Flexibility and Control: Parents can choose their arbitrator and agree on the scope of the arbitration and specifically what decisions the arbitrator is being asked to make.
- Informal Setting: Arbitration is conducted in a more informal setting, reducing stress and making the process less intimidating than a court hearing.
- Binding Decisions: The arbitrator’s decision is binding and enforceable, providing certainty and allowing parents to proceed with their holiday plans confidently.
How to initiate arbitration
- Both parents must agree on an arbitrator. Many family law solicitors can recommend qualified arbitrators with experience in family law.
- Clearly outline the specific issues to be resolved, such as the dates of the holiday and the proposed travel arrangements.
- Each parent presents their case to the arbitrator, providing relevant information and evidence.
- The arbitrator conducts the hearing and will deliver a binding decision, which both parents must follow.
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