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Step-parenting

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Original poster

holiday fines

14 replies

Whatsthesolution · 19/08/2018 09:02

I just a question that maybe someone on here might know the answer to as it may have affected them in the past.
My dsd is going on holiday with her mum at the end of September for a week. She will be in Year 8 by then. To get straight to the point, how does it work regarding fines when the parents have split up? Is there anything my partner can do to prevent him getting one seeing as he isn’t actually taking her on holiday?

Thank you for any advice.

OP posts:
CurlyWurlyTwirly · 19/08/2018 09:08

I thought it was fine per day per parent.
If dsd's parents are separated a 2nd she is only going with her mum, then only her mum pays.

Original poster
Whatsthesolution · 19/08/2018 09:14

I just always thought both parents still got a fine the same way they would if still together. It’s so confusing and there isn’t much about it online that makes it very clear.

OP posts:
ArnoldBee · 19/08/2018 09:15

Nope that's not true at all I'm afraid. Any person deemed a parent under the education act including step parents and grandparents can be fined as well. You need to check the schools local authority code of conduct. You may be able to provide evidence that you do not agree with the holiday however you cannot stop someone with pr taking the child on holiday and see if that works.

Frazzled2207 · 19/08/2018 09:16

I don't know but it's a fair point. I think you would just have to make it clear to the school that it's nothing to do with you and you're not going- blatantly unfair to fine you in that case.

Original poster
Whatsthesolution · 19/08/2018 09:21

So if he put in writing saying he isn’t taking her only her mum is and that he doesn’t agree with her taking her, would that help?
She’d still be able to take her so it’s not like he would be putting a stop to the holiday going ahead. Is that right?

OP posts:
oreosoreosoreos · 19/08/2018 09:25

I'm not sure how they actually work out the fine, but if we were to take DSS out of school and were fined, we would expect to pay any fine that his mum incurred and would factor that in to the cost - it doesn't seem fair for the parent who isn't going to have to pay it!

NorthernSpirit · 19/08/2018 09:26

I don’t know what legally stands.

But if I was in your position, I would get the father / NRP to write to the school to say that you don’t agree to the child/children being taken out of school for a holiday in term time, therefore the RP taking the holiday should be fully responsible for any fine incurred.

Original poster
Whatsthesolution · 19/08/2018 09:30

Thank you for the advice. At least a letter/email will cover him plenty of time in advance.
I think it’s really unfair too. I know that if the shoe was on the other foot her mum would be equally concerned. I too think whoever takes the child on holiday should pay the cost of the fine.

OP posts:
MongerTruffle · 19/08/2018 13:23

you cannot stop someone with pr taking the child on holiday

You can stop them, though. You need the permission of everyone with parental responsibility to take a child abroad.

ArnoldBee · 19/08/2018 16:25

This is why you need to check your la' s code of conduct as my la takes you to court after 3 days absence in 6 weeks which means you could all end up with a criminal record.

Original poster
Whatsthesolution · 19/08/2018 17:07

Wow ArnoldBee that’s very extreme. ShockIs that just for the people with parental responsibility (the parents) or the stepparents too?

OP posts:
ArnoldBee · 19/08/2018 20:49

Anyone who is deemed a parent under the education act which is different from who has parental responsibility. Join the fb group against school holiday fines/tpns it's a real eye opener. First port of call is the local authority's code of conduct as each la does it differently.

ohreallyohreallyoh · 19/08/2018 21:15

Monger not all holidays are abroad and regardless, you don’t need permission to remove a child from the country for up to 28 days if you have a Residence Order. There have also been cases where judges have granted Specific Issue Orders for holidays at least partly during term time.

I personally would make it clear to the school that I did not give my permission for my child to be taken on holiday and I would put that in writing to the other parent. If it were to go further, I would challenge in court - parents are supposed to be able to act unilaterally on their time which technically means I can’t stop my ex taking them on holiday during term time even if I don’t agree. Does anyone know of any legal challenges along these lines?

MongerTruffle · 19/08/2018 21:51

not all holidays are abroad
I don’t know why I didn’t think of that. I assumed that the OP’s DSD was going abroad, for some reason.

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