DSS going on term time holiday

[Redbird12]

DH's ex has informed him that she will be taking DSS (14) to Florida for 2 weeks holiday in Oct, one week will be half term but the other week will be in school time.

Obviously DH is not keen on DSS missing school but the holiday is already booked. I have warned DH he may be fined for DSS's absence. He mentioned this to his ex but she was adamant that only she, as the resident parent, would be fined. However, the school definitely have DH's details as they post us out DSS's report at the end of the year.

DH has said if he is fined he will pay but ask ex to reimburse him or withhold from maintenance money (arrangement is informal but DH pays more than CSA would require him to anyway). But he would rather it did not come to that. I wondered if he would be better to write to the school in advance stating that he was not involved in or did not agree with the holiday or if he should stay out of it rather than drawing the school's attention to it - not sure if ex is planning to ask permission or just go.

Any views?

[riverboat1]

I don't know how big these fines are or how serious a blemish they are?

All things being equal is it worth the risk of getting DSS's mum's back up? If your DH sends the school a pre emptive letter and then the school contacts his ex to tell her off about the holiday in advance or whatever...aggro. As you say the holiday is booked. And DSS's mum has already basically agreed she is expecting to pay the fine herself.

Maybe someone will know more than me though about how the whole fined absence thing works because I am pretty clueless. Does every school have a different policy? Could you check on their website?

[WakeyCakey45]

We spoke to the EWO about this; each school/local authority interprets the law differently but theoretically, both parents can be fined for an unauthorised absence even if there is a legal residence order in place.

Making contact with the school will make no difference - they will be unable to act until your DSS is actually absent, regardless of who tells them what in advance, unless they are prepared to authorise the absence for exceptional reasons.

However, depending on how strongly your DH feels about it, he could apply for a prohibited steps order to prevent your DSS being taken out of school. The court fee is £215, but he could represent himself, it's a fairy simple application and he's likely to be successful, particularly given the age of your DSS.

I know if my DDs dad ever proposed this, I'd seek court intervention to prevent it - but I'm a bit evangelical when it comes to holidays in term time, so I'd be willing to fully capsize the metaphorical boat over it!

[syllabub1]

The way it works in our area is there is a fine of £60 per parent per child. However, the parent count is judged by how many 'parents' are living at the child's address. Eg if I took DS out of school, me and DH (DS's stepdad) could be fined £120, but his real dad wouldn't be fined.

wakeycakey just out of interest how does a prohibited steps order prevent them taking them out of school? I mean what would happen to Mum if she did take him out of school?

I've got to admit I'm totally against these fines for taking children out of school, I think it doesn't really prevent people do it, it just creates a nation of people teaching their children to lie to teachers.

[WakeyCakey45]

wakeycakey just out of interest how does a prohibited steps order prevent them taking them out of school? I mean what would happen to Mum if she did take him out of school?

Fine, commital, contempt of court preceding, or if the Order was to prevent removal from the country, the court could require surrender the child's passport.
Specific issue/prohibited steps orders have a lot more "teeth" than Child Arrangment orders, and a parent would be left in no doubt as to the severity of the consequence should they choose not to comply.

Practically speaking, if a Prohibited Steps Order was issued on one parent preventing removal from school, then if the child is absent, the police could/would be involved to trace the child, even abroad.

[trevortrevorslattery]

We have had this exact situation, at the end of summer term (DSC on term time hols with their DM and DSD) and have not been pursued for a fine.. if that's any help.

DH wouldn't pay if he were pursued though.

I wouldn't take any pre-emptive steps as it would just cause a "situation" ans there is probably no need.

[purpleroses]

I think if your DH currently pays more than CSA level maintenance, then it would be easy enough for him to reduce it down to CSA level until his fine is payed - if he gets one.

But probably best to wait and see if this happens, and also if he's threatened with a fine to write to the school to say that his ex is the RP, and that he was not involved in the decision to remove DS from school for the holiday. They might well only fine her if he does this. Or they might not fine her at all - they can choose whether or not to recommend a parent is fined (My DS went on a privately organised French exchange recently, and the school assured me that - even though the absence was "unauthorised" that I would not be fined, and I haven't been)

[wheresthelight]

I agree that preemptive action is probably not the best route but I would find out if his ex has applied for permission from the school.

if she has and has been declined and is going anyway then I would write to the school or call the head and ask for a meeting so it can be discussed

[Redbird12]

Thanks for the responses. DH wouldnt actually try to stop them going on holiday as he wants to maintain at least a civil relationship with his ex and it would also disappoint DSS not to go.

I have checked the school's website and it says permission will definitely not be granted for term time holidays and fine is £120, reduced to £60 if paid promptly but no info at all as to whether NRP's will also be fined.

DH is not keen to approach the school beforehand as he will be drawing attention to the fact that DSS will be missing school and at this stage we are unsure if ex has applied for permission or not.

It is good to know from others' experience that NRP's are not automatically fined. I think we will just have to wait and see and if so, follow purpleroses suggestion and explain to the school that DH had no involvement in the holiday. Then last resort if the fine still stands will be to pay it and deduct from maintenance. I dont think DH fancies being test case in court for NRP's though it would be interesting to see what happened.....

[zipzap]

Could your dh send an email to his ex stating that he doesn't approve of his dc being out of school during term time and requesting that she changes the dates of the holiday?

Then he has got proof that he asked her not to go should the fine come at a later date - he has asked his ex th change plans. Why should he have to pay £200+ in order to get the holiday stopped?

Then when the ex replies that she isn't going to change her plans, he can send a reply about wishing there was something he could do to get her to change her plans. He's not a lawyer so why should he know about the legal route or fork out money to stop it - asking his ex to change things is reasonable, especially to cover himself you'd have thought!

[fedupbutfine]

I dont think DH fancies being test case in court for NRP's though it would be interesting to see what happened.....

it's not necessarily an NRP issue though, is it? It could work either way. It will be interesting to see how the fines pan out over time. We are lead to believe that each parent is allowed to act unilaterally on their parenting time so potentially, it will be PWC facing unwarranted fines as well. I would be interested to hear if anyone has had the courts grant a Specific Issues Order for term-time holiday/part term-time holiday, particularly if the other party has argued that a fine will be levied if holiday is taken. Anyone had this happen yet?