Carefree holidays with the children after divorce: everything divorced parents need to know
Holidays are a time for relaxation and fun, but for divorced parents, planning a holiday with the children can be complex and stressful. It requires careful planning and communication to ensure that everything goes smoothly and the best interests of the children are prioritised. In this blog, we discuss the main points of interest and provide practical tips to help you plan a holiday after a divorce.
1. The importance of good communication
One of the most important aspects of planning a holiday with children after a divorce is good communication with your ex-partner. This starts with clearly discussing the dates and destinations of the holiday.
Tip: Often the judgment or parenting agreement provides an arrangement for school holidays, but it also explicitly states that the parents can deviate from this arrangement by mutual agreement. In that case, draw up a holiday schedule that takes into account vacation periods and other important dates. Discuss this with your ex-partner in a timely manner so both of you have enough time to make any adjustments.
2. When talking is no longer possible: consult the judgment or the parenting agreement
As mentioned above, it is important to consult the judgment or the parenting agreement before making vacation plans. In many cases, the judgment or parenting agreement will contain specific agreements about vacations, such as which parent the children will stay with and in which week.
This document (judgment / parenting agreement) provides guidance and helps avoid discussions. After all, you cannot go on holiday with your children without the consent of the other parent during the period that the children should actually be staying with that parent.
What if there is no agreement on paper?
In that case, it is wise to make clear agreements with your ex-partner. If this does not work, contact Wanted Law to obtain an agreement amicably of judicially.
3. Is permission from the other parent required? In principle not, but...
Joint parental custody remains the norm: it is assumed that as parents you make decisions about the children together. This applies to parents who are still a couple, buts also to parents after a break-up. Thanks to this joint parental custody, there is a presumption of consent. Specifically, this means that the actions taken by one parent are presumed to be with the consent of the other parent. This means that, in theory, a parent does not need explicit permission from the ex-partner to travel abroad with the children because, thanks to ‘joint parental custody’, it is presumed to be by mutual consent anyway – even if there is actually no consent at all.
If there is exclusive parental custody (exceptional situation), that parent can make completely independent decisions about the children and no consent is needed from the other parent.
But … in some cases you do need permission from your ex-partner to go on holiday with the children, especially if the trip is abroad. The fact that explicit written permission from the other parent is not required in Belgium does not mean that this also applies in the country you are travelling to or where you are making a stopover. Via the embassy or consulate of your travel destination, or via the website of the Ministry of Foreign Affairs, you can check which travel documents and possible permission are required per country. This is a crucial step to prevent problems during the trip.
What if the other parent does not give permission?
In the event of a conflict over holiday plans, it may be necessary to take legal action. Know that in theory every parent is free to choose which activities they want to do with the children when the children are staying with them. This also applies to foreign trips, there is no veto right. Only if there is fear for the safety and health of the child, a parent can go to court.
4. Practical matters: documents and insurance
When planning a holiday with children after a divorce, it is important to have all the necessary documents in order. This includes passports, any necessary visas, and the written permission of the other parent if applicable. Make sure that these documents are arranged well in advance of your departure so that you are not faced with any surprises.
Also, don’t forget travel insurance. Check that your travel insurance covers the children and whether any additional insurance is needed, such as cancellation insurance. It is also wise to check whether there are specific conditions for divorced parents regarding insurance.
What if the other parent does not want to provide the identity card or kids ID?
Sometimes the relationship with the other parent is so soured that they want to boycott the travel plans by withholding the identity documents. If this is the case, you can ask the Family Court for this via a ‘claim for release’. In such a situation, definitely contact Wanted Law for legal assistance.
5. How to deal with new partners
When one parent has a new partner, this can be an additional complication when planning a vacation. It is important to approach this topic carefully and consider the feelings of the children and the other parent.
Tip: discuss in advance with your ex-partner whether and how a new partner will be involved in the holidays. This can help ease tensions and set clear expectations.
6. The best interest of the child are the main priority
In all decisions you make about the holidays, the best interests of the child must come first. This means ensuring that the holidays are a positive and relaxing experience for the children, without burdening them with parental conflicts.
Do you have questions or need advice about planning a vacation after a divorce?
Contact Wanted Law.