Post Lockdown and Summer Holiday Issues: What Should a Parent Do?

Check out this fantastic article on parental post lockdown and summer holiday issues, written by our Family Legal Executive, Von! 😄

We are all looking forward to coming out of lock down and feeling the lightness of fewer restrictions. Many of us are looking forward to getting away for the summer. However, what happens where separated parents cannot agree the arrangements for their children during the holidays? Even in the event of an order having been made by the court, this does not always resolve all disputes and parents can come away with court orders which pose on-going problems for them.

Children who entered lock down in March of 2020 are now coming out of that 18 months or so older and in that time there might have been huge developmental changes for them. Some children may have become more distant from the absent parent ie the parent with whom they do not ordinarily live. It might not have been possible for parents to have seen their children during lock down and some may be emerging from this time with children who simply are not willing to co-operate with orders which were made more than 18 months ago.

What should a parent do if there is an order for the child to see the absent parent and even to go on holiday with them but the child point blank refuses to go?

The court said in the case of Re: H-B 2015 that a parent must do all in their power to make contact happen and to avoid accusations of parental alienation. It is not good enough to merely say ‘the child does not want to go’. A parent is not expected to use ‘brute force’ but certainly is expected to apply argument, persuasion, cajolement, blandishments, inducements, sanctions (for example, ‘grounding’ or the confiscation of mobile phones, computers or other electronic equipment) or threats falling short of brute force, or a combination of them. This is the extent to which a parent must demonstrate they have done their level best to ensure compliance.

The situation is hard on parents, particularly mothers whose children might be teenagers who are perhaps bigger and stronger than themselves and certainly more computer savvy than they are. Nevertheless the guidance is, where an order in place you must demonstrate that you have done all in your power to persuade.

If you are struggling with the current contact arrangements, whether under the terms of an existing order or otherwise, we can advise and assist you with getting an application before the court to either obtain an order or to change an existing order to one which is altogether more workable and suitable for your child. To start a conversation, please contact us on 01905 900 919 and ask for Veronica Beard.

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