Shared residency and holidays (lots of questions!)

I understand that a parent with a residence order (including shared residency) can take the children on a holiday abroad for up to 4 weeks without the permission of the other parent.

However, although this may be the law, how does this work in practical terms?

- For example, if one parent decided to take the children on a holiday for 4 weeks over the summer, leaving the other parent no time left in the summer to take one themself?
- Or if one parent refuses to agree to let the other take a holiday at all? Do you just take them anyway, because you have permission? Do you appeal to the courts every time you want to take the children somewhere?
- Also, how does holiday time calculate into child maintenance? How would the CSA view a move in maintenance bracket due to holiday time?

I realize this law is very dubious and open to many opinions, which is why I would like to hear some of yours!

I am sure you will get the legal opinions from others but I'd say that wherever possible its a good idea for the parents to sort this out themselves, focusing on what is best for the children (quality time with both parents) rather than the parents.

I agree with you completely, it would be nice if everyone could get along. It would make life a lot easier. However, it takes two people to make things work. I guess my question is what course to take in this case when one parent is refusing to cooperate in a discussion.

The other point to look at is that if a contact order is in force, particularly the new style, and contact with the other parent falls within that time you could be classed as breeching it if the child/children were not available.

Whilst the odd reasonable occasion and excuse may be accepted by the court a 4 week holiday and subsequent change in csa bracket may just be seen as it being done for financial motives rather than for the good of the child/children.

T

A shared residence order can define the time a child 'lives' with each parent. For example it can stipulate stays every other weekend and half the school holidays with alternate Christmases, Easters and the first three weeks of the summer holidays. The disadvantage is the arrangements rigidly share time between parents and many children, particularly teenagers, grow up feeling their time doesn't belong to them.

As far as CM is concerned it is calculated on the average number of overnight stays during the year.

IFG

Is it you and children's father looking to take them abroad for four weeks or the children's mother. ie are you looking for pro or con information?

I am similar to your husband as I have shared care of my two children (50:50 in my case) on a week on, week off basis. for the summer holidays we change it to two weeks on, two weeks off and then revert back to normal.

Is the four week holiday a once in a lifetime thing or is this expected to be the norm in the future?

Based on my own experience I needed a defined court order as ex would refuse contact and then insist on contact on the days that were not possible.

I have a defined order that stipulates the amount of holiday time that I get, even Christmas and birthdays. This was an expensive court case!!!

I then sent this order to the CSA for them to calculate payments. Up until the court order, the CSA charged me full wack as my ex lied about contact and for some reason the CSA sided with parent with residence.

If contact is broken, the odd occurrences don't really count as a breach. My sol tells me it would need to form a pattern for me to have a case.

I would try and mediate a solution, mapping out contact on a calender.

Good luck