Summer holidays can present unique challenges for separated families. Both parents often want to maximise quality time with their child, arrange trips away, and create meaningful memories during the school break.
While summer holidays can place pressure on co-parenting relationships, disputes can often be avoided through early planning, clear communication, and a child-focused approach. This guide explores practical steps separated parents in Scotland can take to manage holiday arrangements effectively and minimise conflict.
Why Summer Holidays Can Be Difficult for Separated Parents
Unlike the structure of school term time, summer holidays involve longer periods of free time, travel plans, childcare arrangements, and competing expectations between parents.
Common issues include:
- disagreements over holiday contact arrangements;Â
- disputes about foreign travel;Â
- concerns about equal parenting time;Â
- communication breakdowns; andÂ
- uncertainty about parental rights and responsibilities.Â
The most effective co-parenting arrangements are those that prioritise the child’s wellbeing, stability, and happiness above parental conflict.
Plan Summer Holiday Arrangements Early
One of the best ways to reduce conflict is to discuss and agree on holiday arrangements at least several months in advance.
Early discussions allow parents to:
- avoid last-minute disputes;
- coordinate travel and childcare plans;
- manage work commitments; and
- focus on practical solutions without unnecessary pressure.
Many separated parents find it useful to create a parenting plan covering:
- school term-time contact arrangements;
- school holidays;
- birthdays and special occasions;
- foreign travel arrangements; and
- communication expectations.
While a parenting plan is not legally binding, it can be a helpful reference point for separated parents.Â
Use Technology to Support Co-Parenting
Shared family calendars and co-parenting apps can help parents stay organised and improve communication. Popular features include:
- shared scheduling;Â
- messaging functions;Â
- reminders;Â
- expense tracking; andÂ
- communication monitoring features designed to encourage respectful interaction.
These tools can be particularly helpful where communication is strained following separation.
Focus on the Child’s Needs During the Holidays
A common mistake during school holiday discussions is focusing too heavily on achieving equal time distribution between the parents and asserting their parental rights, rather than considering the child’s individual needs. This can lead to a disconnect between what a separated parent desires and what the child needs. With that in mind, it is crucial for separated parents to communicate with their child to understand their preferences for holiday arrangements.Â
After all, every child is different. Their age, personality, friendships, hobbies, and emotional needs should all influence how holiday arrangements are structured. It is not uncommon for an older child to want to carve out some independence and prioritise spending time with friends or attending holiday clubs. Parents should therefore put the child at the forefront of their decision-making to promote their continued wellbeing and happiness.
Travelling Abroad with a Child After Separation
Summer holidays are a popular time to explore new destinations and create memories. However, travelling abroad with a child can become more complicated if you are separated. If you are planning to take your child on holiday after a relationship breakdown, you need to get consent from the other parent, provided they also share parental rights and responsibilities. Â
Do You Need Written Consent?
While there is no legal requirement for consent to be provided in writing, it is always advisable to do so to ensure the position is clear. An email or text message from the other parent acknowledging the request to take the child abroad and providing consent to the trip may be sufficient. However, some parents choose to deal with matters on a more formal basis by signing a consent form in the presence of a Notary Public and then furnishing the parent who intends to take the child abroad with a copy of this.
Having written consent available can help avoid delays, stress, or complications while travelling.
What Information Should Be Shared?
Separated parents who wish to take their child abroad ought to share information about the proposed trip with the other parent, such as:
- travel dates;Â
- flight details;Â
- accommodation information;Â
- emergency contact details; andÂ
- an outline itinerary.
Maintaining open communication can help reassure the other parent and reduce unnecessary conflict.
Maintaining Communication During Holidays
Children can benefit from maintaining regular contact with the parent they are not travelling with. Depending on the circumstances, this may include:
- video calls;Â
- telephone calls;Â
- text messages; orÂ
- updates during the holiday.
The focus should remain on supporting the child emotionally and helping them enjoy their time away without feeling caught between parental tensions.
Mediation for Summer Holiday Disputes
Of course, there are separated parents who may struggle to communicate with one another. They may feel hurt or anxious as a result of the breakdown of the relationship and find it difficult to keep conversations about the summer holidays on a constructive footing. Where communication has broken down, mediation can help separated parents resolve disputes relating to summer holiday contact constructively.
Family mediation involves a trained, independent mediator helping parents discuss issues in a neutral environment.
The mediator does not:
- take sides;Â
- impose decisions; orÂ
- provide legal advice.
Instead, mediation aims to:
- improve communication;Â
- reduce hostility;Â
- encourage compromise; andÂ
- help parents reach child-focused agreements.
When to Instruct a Family Law Solicitor
Alternatively, separated parents may benefit from instructing solicitors to help them navigate tricky family dynamics and agree on the arrangements for the summer holidays.
A family law solicitor can assist by:
- negotiating arrangements on your behalf;Â
- providing legal advice about parental rights;Â
- helping resolve disputes involving travel abroad;Â
- arranging four-way meetings; andÂ
- supporting mediation discussions.
Obtaining legal advice early can often prevent disputes from escalating further.
Applying for a Court Order in Scotland
Where agreement cannot be reached, separated parents may, as a last resort, apply to the court for orders under Section 11 of the Children (Scotland) Act 1995. There are various orders available, and it is advisable to speak to a solicitor to discuss the best option for you.Â
Possible court orders include:
Contact Orders
If the other parent refuses to let you spend time with your child during the summer holidays, obtaining a contact order might be appropriate. A contact order can establish:
- the duration of the contact with the child during the summer holidays, with reference to specific times and days;
- the location of the contact with the child during the summer holidays, including foreign destinations; and
- the arrangements for handover, if appropriate.Â
Specific Issue Orders
A specific issue order may be appropriate where one parent refuses consent for holidays abroad. If granted, a specific issue order can:
- dispense with the other parent’s consent to foreign travel;Â
- order the other parent to provide the child’s passport for the purpose of a holiday abroad; and
- order the other parent to cooperate with visa applications, if required.
The court can authorise travel abroad if it considers the trip to be in the child’s best interests.
The Child’s Best Interests Come First
When considering any application involving children, a Sheriff must adopt a child-centred approach and prioritise the child’s best interests above all else.
Frequently Asked Questions
Can I take my child abroad without the other parent’s permission in Scotland?
If the other parent has parental rights and responsibilities, consent must be obtained before travelling abroad with the child.
What happens if we cannot agree on holiday contact arrangements?
Parents may benefit from mediation, solicitor negotiations, or ultimately applying to the court for orders regulating holiday contact.
Are parenting plans legally binding in Scotland?
No. Parenting plans are not legally enforceable, but they can provide clarity and reduce misunderstandings between separated parents.
Can the court decide summer holiday arrangements?
Yes. The court can make contact orders or specific issue orders where parents cannot reach an agreement.
How Our Family Law Team Can Help
Disputes involving children during school holidays can be emotionally challenging and stressful for everyone involved. Early legal advice can often help parents avoid unnecessary conflict and reach practical solutions more quickly.
Our Family Law Team regularly advises clients across Scotland on:
- child contact arrangements;Â
- summer holiday disputes;Â
- parental rights and responsibilities;Â
- foreign travel disputes;Â
- mediation; andÂ
- court applications under the Children (Scotland) Act 1995.
If you require advice regarding summer holiday arrangements or any other family law matter, our experienced team is here to help.
The content of this article is for information only and is not intended to be construed as legal advice and should not be treated as a substitute for specific advice.Â
