You might even find that you have fought with your ex-partner over this very issue.
Usually, as part of a divorce agreement, there will be a parenting schedule whereby it has been decided where the children will spend their school holidays.
Make sure that before the holiday period, you discuss the specific details of your parenting schedule with your ex-partner.
However, if you do not have a parenting schedule set up, it is not too late to discuss one.
If you cannot reach an agreement, then you can ask a social worker or mediator to help you. In very serious cases, you can approach the court – but remember this might take a long time.
Try and reach an agreement before the holiday.
This will allow your children to know beforehand where they will be over the holiday period.
They will feel secure and relaxed, knowing when they will be having quality time with each parent.
If you are travelling locally with your child, you should provide the other parent with all relevant information and contact details.
If you are travelling internationally, then the other parent has to give formal consent (unless there was a specific court order denying them guardianship rights).
In order to apply for a passport and/or visas for your children, both parents have to be present at Home Affairs. If this is not possible, they will need to provide certain documents. Contact Legal&Tax Services for more information about this process.
During holidays, especially on beaches or in shopping malls, we often hear in the news about parents and guardians who have lost their children in the crowd. However, the law expects parents or guardians to take responsibility for those under their care. Therefore, according to the Children’s Act, if you neglect or abandon your children in these public places, you can be criminally charged.
We are your companion in caring for your family. We can offer your expert legal advice in dealing with some of these difficulties of divorce. Together we can make sure the holiday period is a happy one.
