Child Arrangements During the Summer Holidays

Long summer days should be for making memories but for some separated parents, the summer holidays can be one of the most difficult times of the year to manage. Six weeks away from the normal school routine often means changes to childcare, travel plans, family holidays, and time spent with each parent. Without clear planning, disagreements can escalate quickly.

At Browell Smith & Co, we regularly see avoidable disputes arise simply because arrangements were not discussed early enough or confirmed clearly. The good news is that most summer holiday disagreements can be prevented with careful preparation and practical communication.

This guide sets out the key steps parents can take to avoid problems with child arrangements over the summer holidays.

Start Planning Early

One of the biggest causes of conflict is leaving arrangements until the last minute.

Parents should ideally begin discussing summer holiday plans several months in advance. Early discussions give both parents time to:

• arrange annual leave from work;
• organise childcare;
• book holidays;
• coordinate with wider family members; and
• consider the child’s activities, clubs, or camps.

Leaving discussions until just before the school holidays often creates unnecessary pressure and increases the likelihood of disagreement.

A sensible approach is to agree:

• holiday dates;
• collection and return times;
• overseas travel plans;
• communication arrangements with the other parent; and
• contingency plans if circumstances change.

Putting arrangements in writing can help avoid misunderstandings later.

Focus on the Child’s Needs, Not Parental Fairness

The law In this area focuses on the child’s welfare above all else. Parents should approach discussions in the same way.

It is rarely helpful to approach summer arrangements as a strict exercise in “equal time”. Instead, consider:

• the child’s age;
• their routine and emotional needs;
• travel demands;
• contact with siblings and extended family;
• existing holiday commitments; and
• the child’s own wishes, depending of course upon their age and maturity.

A workable arrangement is usually one that allows the child to enjoy meaningful time with both parents while maintaining stability and reducing conflict.

Children are often highly aware of tension between parents. Shielding them from disputes is essential.

Confirm Foreign Travel Arrangements Properly

Disagreements frequently arise where one parent wishes to take a child abroad.

If there is a Child Arrangements Order stating the child lives with one parent, that parent may usually take the child abroad for up to 28 days without the other parent’s consent unless the order says otherwise.

In other situations, consent from everyone with parental responsibility is generally required before taking a child out of the UK.

Parents should therefore:

• seek written consent well in advance;
• provide flight and accommodation details;
• share emergency contact information and
• ensure passports are valid.

Refusing to provide reasonable travel information can increase mistrust and lead to avoidable disputes.

Equally, withholding consent without genuine welfare concerns may escalate matters unnecessarily.

Keep Communication Child-Focused

Summer holiday disagreements often become more difficult because communication between parents breaks down.

Where possible:

• keep messages polite and factual;
• avoid emotional or accusatory language;
• respond promptly;
• avoid using children to relay messages; and
• keep discussions focused on practical arrangements.

Many separated parents find that using shared calendars or parenting apps reduces misunderstandings.

If communication is difficult, written communication is usually preferable to verbal discussions because it creates clarity and reduces the risk of disputes about what was said.

Be Flexible Where Possible

Unexpected issues arise regularly during the summer holidays:

• flights are delayed;
• children become unwell;
• childcare arrangements change;
• work commitments arise unexpectedly.

A degree of flexibility from both parents can prevent minor issues from becoming major disputes.

Courts generally expect parents to act reasonably and promote the child’s relationship with the other parent where safe to do so.

A rigid or confrontational approach often increases stress for everyone involved, including the child.

Avoid Making Promises to Children Before an Agreement Is Reached

Parents sometimes unintentionally create problems by discussing holiday plans with children before arrangements are agreed.

For example:

• promising an overseas holiday before consent is obtained;
• discussing dates that may later change; or
• involving children in disagreements about arrangements.

This can place children in the middle of adult disputes and create disappointment or anxiety.

It is usually best to finalise arrangements between adults first before discussing confirmed plans with the child.

What If Parents Cannot Agree?

If discussions become difficult, there are several ways to resolve disputes without immediately going to court.

Options include:

• solicitor-led negotiation;
• mediation;
• collaborative law; or
• arbitration in suitable cases.

Mediation is often particularly effective for holiday arrangements because it allows parents to focus on practical solutions quickly.

If agreement cannot be reached and the issue is urgent, an application to the Family Court may be necessary. The court can determine:

• holiday arrangements;
• overseas travel disputes; and
• specific arrangements during school holidays.

However, court proceedings can be stressful, expensive, and time-consuming. Early advice and proactive communication often prevent matters reaching that stage.

Practical Tips for a Smoother Summer

To reduce the risk of disputes, parents should:

• discuss arrangements early;
• confirm agreements in writing;
• share travel information promptly;
• keep communication respectful;
• remain flexible where reasonable;
• avoid involving children in conflict; and
• seek legal advice early if difficulties arise.

The most successful arrangements are usually those where parents approach the summer holidays as a shared parenting exercise rather than a competition over time.

Need Advice About Summer Child Arrangements?

If you are experiencing difficulties agreeing on summer holiday arrangements for your children, obtaining early legal advice can help prevent matters escalating, contact Browell Smith & Co family law department to discuss your options.

Section 91(14) Order in England and Wales: Understanding Its Purpose, Criteria, and Application

What is a Section 91(14) Order?

In the realm of family law, a Section 91(14) order is a legal measure that restricts a party’s ability to make further applications to the court in relation to a child, except under specific circumstances. This type of order is most commonly used in cases involving child arrangements where one party has made numerous or vexatious applications without reasonable cause.

The order is named after Section 91(14) of the Children Act 1989, which grants the court the discretion to impose restrictions on a person’s ability to apply to the court in respect of a child’s welfare. The purpose of this order is to prevent a person from making repeated applications for child-related orders (such as live with or spend time with orders) unless they have a significant and legitimate reason to do so.

Purpose of a Section 91(14) Order

The primary purpose of a Section 91(14) order is to prevent vexatious litigation or repeated applications to the family court that are seen as either unnecessary or harmful to the child. This may occur in situations where one party repeatedly brings the same or similar issues before the court, often after decisions have already been made, or where the court feels further litigation would be detrimental to the child’s welfare.

Why Would Someone Apply for a Section 91(14) Order?

A Section 91(14) order can be requested by either party in family law proceedings or by the court itself, usually at the end of a set of proceedings. Such an order can be made in the following scenarios:

1. Vexatious or Repetitive Applications

When one party repeatedly makes applications for orders or hearings about child arrangements, particularly after previous decisions have been made. This is often seen where one parent continues to make applications for contact or residence without substantial new evidence or a change in circumstances.

2. Prolonging Litigation in an Unjustifiable Manner

If one party has a history of using litigation as a means of prolonging conflict or preventing the other parent from having meaningful contact with the child, the court may impose a Section 91(14) order to limit this behaviour.

3. To Protect the Child’s Welfare

If the court determines that further applications would negatively affect the child’s welfare—such as causing emotional harm or putting the child at risk of being embroiled in protracted legal disputes—it may impose a Section 91(14) order to prevent further applications.

4. Preventing Harassment or Emotional Harm

A Section 91(14) order may be used to prevent a party from harassing or emotionally harming the child or the other parent through repeated court applications.

How and When is a Section 91(14) Order Made?

A Section 91(14) order is typically made after a final hearing in family court. It can be applied for by either of the parties involved in the proceedings or the court can impose it on its own initiative if it considers that such an order is in the best interests of the child. It is often made at the conclusion of a case where a parent has repeatedly brought proceedings before the court, and the court feels that the best way to protect the child is to prevent further applications unless there are significant changes.

For example, if a parent continually applies to change the child’s living or contact arrangements, after several decisions have been made, the court may decide that no further applications should be allowed without permission. This restriction is intended to prevent unnecessary emotional harm to the child, as well as to minimise the financial and emotional costs of protracted legal battles.

What Are the Criteria for a Section 91(14) Order?

Section 91(14) orders are not made lightly. The court will only impose such an order if it is satisfied that it is necessary to protect the child’s welfare and interests, and only after considering several factors. The key criteria include:

1. Child’s Best Interests

The overriding consideration in family law is always the child’s welfare. If the court believes that further applications would be detrimental to the child or prevent them from achieving stability, it may make a Section 91(14) order. This could occur, for example, if the child has already experienced prolonged litigation, stress, or uncertainty as a result of multiple applications.

2. Pattern of Repeated Applications

The court will look at the history of applications made by one or both parties. If there is a pattern of vexatious or unnecessary applications without significant new developments, the court is more likely to impose a Section 91(14) order. This often applies where one party continues to request changes in residence or contact arrangements that have already been resolved, leading to instability for the child.

3. Absence of New or Significant Evidence

The court will assess whether the new application is based on substantial new evidence or a material change in circumstances. If the application seems to be an attempt to re-litigate issues that have already been resolved, the court is likely to limit further applications through a Section 91(14) order.

4. The Need to Prevent Harm or Harassment

If the court determines that further applications will cause emotional harm to the child or the other party, or will prevent the child from having stability in their arrangements, it may impose a Section 91(14) order to prevent further litigation. This is particularly common in cases involving high conflict between parents.

How Often Are Section 91(14) Orders Made?

While Section 91(14) orders are an important safeguard in the family court system, they are relatively rare. They are only imposed in cases where the court believes that further applications will significantly harm the child’s welfare, either through prolonged litigation or emotional distress. They are generally considered a last resort when other interventions (such as encouraging mediation or resolving matters outside of court) have not been successful.

The frequency with which Section 91(14) orders are made depends on the nature of the cases being heard in the family court system. However, in cases of high conflict or repeated and unnecessary applications, the court may impose this order more often to prevent a cycle of litigation.

The Impact of a Section 91(14) Order

1. Restricting Future Applications

A Section 91(14) order prevents a party from making further applications without permission from the court. This ensures that only applications with legitimate grounds will be heard, thereby reducing unnecessary legal proceedings and protecting the child from further exposure to conflict.

2. Providing Stability

By limiting future applications, a Section 91(14) order can provide a sense of stability and finality in a child’s arrangements. This is particularly important in cases where the child has been exposed to ongoing legal proceedings and may benefit from a period of stability and certainty.

3. Encouraging Settling Disputes Outside Court

A Section 91(14) order can encourage the parties involved to seek alternative means of resolving disputes, such as through mediation or other forms of alternative dispute resolution (ADR). It reinforces the principle that litigation should be a last resort.

The Role of Section 91(14) Orders in Family Law

Section 91(14) orders serve as an essential tool in family law to prevent unnecessary, vexatious, or harmful applications to the court, especially when they threaten the welfare and stability of the child. They act as a safeguard against prolonged conflict and ensure that litigation is only pursued when there is a legitimate reason to do so.

While not common, Section 91(14) orders play a critical role in protecting children from the harm caused by repetitive and unnecessary litigation. They uphold the fundamental principle in family law: the best interests of the child. By discouraging further applications that may disrupt a child’s welfare, these orders allow the court to focus on more pressing matters and help families find resolution in a more peaceful and efficient manner.

If you require advice and assistance in respect of a family matter, then please do not hesitate to contact the Family Law Team at Browell Smith and Co Solicitors

The No Order Principle: Its Importance and Relevance in Family Law

Understanding the No Order Principle

In family law, one of the core principles that governs decisions made by courts in England and Wales regarding children is the “no order principle.” This principle is designed to ensure that the court only intervenes in children’s matters when absolutely necessary, thereby avoiding unnecessary disruption to family life. As simple as it may sound, the no order principle plays a crucial role in shaping how judges approach cases involving children, parental responsibility, and other family disputes.

In this blog, we’ll explore what the no order principle is, its legal basis, and why it remains an important consideration in family law today. Understanding this principle helps to clarify the balance that the courts strive for in family cases: to intervene when required, but otherwise to respect family autonomy.

What is the No Order Principle?

The no order principle is enshrined in Section 1(5) of the Children Act 1989, which states:

“Where a court is making a decision with respect to a child, it shall not make an order unless it considers that doing so would be better for the child than making no order at all.”

This means that, in proceedings regarding children, the court should only make an order (such as a live with order, spend time with order, or specific issue order) if it is necessary to improve the situation for the child. If the situation can be resolved without court intervention, then the court should not make an order.

The Importance of the No Order Principle

1. Minimising Court Involvement in Family Life

The no order principle prioritises family autonomy, aiming to minimise court interference in the private lives of families. It recognises that, in most situations, families are best placed to make decisions about their lives without the involvement of the state. The principle encourages parents to resolve their issues through alternative methods, such as mediation, instead of resorting immediately to litigation.

By encouraging parents and other family members to resolve disputes independently, the no order principle fosters a more cooperative approach to family life, helping to preserve relationships and reduce the adversarial nature of court proceedings.

2. Protecting the Best Interests of the Child

The no order principle helps ensure that the court makes decisions with this priority in mind. Courts are encouraged to intervene only when it is necessary to protect the child or when it will improve the child’s welfare in a meaningful way.

If a court decides that no order is in the child’s best interests—because, for example, parents have reached a reasonable agreement or the situation does not require judicial intervention—then the court will refrain from making any order. This prevents unnecessary legal battles, which can sometimes exacerbate tension and distress within families.

3. Encouraging Alternative Dispute Resolution

The no order principle supports the use of alternative dispute resolution (ADR) methods, such as mediation, arbitration, and collaborative law. ADR allows families to resolve disputes in a less formal, less costly, and often more effective manner than litigation. In fact, the courts strongly encourage families to attempt mediation before resorting to litigation, as seen in the requirement for parents to attend a mediation information and assessment meeting (MIAM) before applying to the court for most types of family orders.

By adhering to the no order principle, the court reinforces the value of ADR, helping families avoid lengthy and costly court proceedings, which can sometimes harm relationships, especially when children are involved.

No order principle helps to mitigate this risk by limiting judicial interference.

The Relevance of the No Order Principle Today

While the no order principle has always been a cornerstone of family law in England and Wales, its relevance remains particularly significant in today’s legal landscape, for several reasons:

1. Increased Demand for Family Court Services

In recent years, family courts in England and Wales have seen a significant rise in cases, particularly relating to child arrangements and domestic violence. As the court system faces increased pressure and resources become stretched, the no order principle becomes even more important. By encouraging parents to resolve matters themselves or through mediation, the principle helps to reduce the caseload on family courts, ensuring that resources are directed towards the most urgent cases.

2. Focus on Child-Centered Solutions

The no order principle places the focus on the child’s welfare rather than the rights of the parents or the formalities of the legal process. This child-centred approach remains particularly relevant in a legal system that strives to ensure children are not harmed by the disputes of their parents. By reducing unnecessary court orders, the principle encourages solutions that are more in line with the child’s best interests and less likely to involve long-term litigation.

3. Court-Backed Encouragement of Mediation

Given the growing emphasis on resolving family disputes outside of the courtroom, the no order principle aligns with the UK government’s push towards mediation and alternative dispute resolution (ADR) methods. With the financial and emotional costs of litigation in mind, the courts actively encourage families to attempt mediation before making a formal application for orders. The no order principle underpins this push, making it clear that judicial intervention should be a last resort, not the first option.

A Balanced Approach to Family Law

The no order principle remains a fundamental aspect of family law in England and Wales, ensuring that family disputes are resolved with minimal court interference. By encouraging families to find their own solutions through ADR and only intervening when necessary, the principle upholds the core tenet of family law: the best interests of the child.

In a world where the family court system is under increasing strain, the no order principle helps maintain a balanced approach to justice—one that respects the autonomy of families while ensuring children’s welfare is always the priority. As we move forward, its continued application will be key in promoting a fair, child-focused, and efficient family justice system.

If you require advice and assistance in respect of children matters, please do not hesitate to contact the Family Law Team at Browell Smith and Co solicitors.