Navigating Co-Parenting

Advice for the Resident Parent

1. Traveling with Your Child: Navigating co-parenting under UK law, you cannot remove a child from England and Wales without the other parent’s written permission. To avoid any issues, send a message outlining your travel plans and try to get a positive response from the other parent. You can find out more here.
2. Residence Orders: If you have a residence order (also known as a ‘live with’ order), which you can obtain through the courts, you can take your child out of the UK for up to four consecutive weeks per holiday. We at Family Mediation Service can assist you in obtaining this order. With a residence order, you do not need the non-resident parent’s written consent for this travel.
3. Child’s Surname: Parents often want the same surname as their child to simplify travel. Consider requesting a double-barreled surname for the child. You can create a statutory declaration (see the Citizens Advice Bureau for guidance) or ask the court for permission to change the child’s name.
4. Holiday Agreements: It may be helpful to draft a written agreement allowing you to take your child on holiday for a set number of consecutive weeks without needing the non-resident parent’s permission. Both parents should sign and date this agreement, including their full addresses.
5. Planning School Holidays: As the resident parent, you typically have access to the school calendar earlier. Use this information to plan holidays and inform the non-resident parent in advance. This ensures they have enough time to prepare and avoids conflicts.
6. Care from Extended Family: If you need someone else to care for your child while you’re away, offer this opportunity to the non-resident parent first. If they decline, it demonstrates that they may not be flexible or committed to parenting in a practical manner.

Advice for the Non-Resident Parent

1. Financial Considerations: Children are aware of differences in lifestyle between their parents. They may notice if one parent appears more affluent. Ensure you provide enough financial support to the resident parent so that your child enjoys a reasonable standard of living with both parents.
2. Holiday Time: You have an equal right to spend time with your children during school holidays. Generally, school holidays are split 50/50, either in consecutive weeks or alternating weeks, especially for younger children.
3. Traveling Abroad: You have the same right as the resident parent to take your child abroad. If the resident parent refuses to allow this, you can also refuse their travel plans.
4. Travel Restrictions: Some countries, known as ‘Non-Hague Convention’ countries, do not cooperate well with child return requests in cases of abduction. To avoid complications, you might want to limit travel to ‘Hague Convention’ countries, which have agreements with the UK for handling abduction cases.
5. Notice for Travel Plans: Provide the resident parent with as much notice as possible regarding your travel plans. Although the resident parent usually keeps the passport, you can hold onto it in the months leading up to your trip if needed.

Still stuck? Call us today for support in navigating co-parenting or complete this online referral form to get started.