Term-time holidays and school attendance disputes between separated parents

REVIEWED BY: Sean McNamara on 2026-09-01

The legal starting point

Every parent with parental responsibility can make decisions about a child's education — but day-to-day decisions fall to the parent the child lives with, and taking a child out of school during term time is a school-attendance matter as well as a family one.

Term-time leave from school

In England, headteachers may only authorise term-time absence in exceptional circumstances. Family holidays are generally not exceptional.
Unauthorised absence can lead to a penalty notice (a fine) issued to each parent the child normally lives with; unpaid penalties can be prosecuted.
The rules differ in Wales, Scotland and Northern Ireland — check the relevant national guidance.

If the other parent wants to take the child on holiday in term time

1. Ask, in writing, and keep the reply. A short message trail showing consent or refusal is valuable later. 2. The resident parent can simply refuse — but if the court later sees the trip was reasonable and beneficial, blanket refusals damage credibility. 3. If you take the child out of school without consent and it is part of a wider pattern, the other side can raise it in children proceedings. 4. If there is a child arrangements order saying the child lives with a parent, taking the child away for less than a month within the UK is not itself restricted; the school-attendance fine still applies to the resident parent.

School disputes more widely

Which school a child attends is a major long-term decision; if parents with parental responsibility cannot agree, either can apply for a specific issue order (or prohibited steps order) and the court decides on the child's welfare.
Courts expect parents to try family mediation first (a MIAM) before such an application.
Evidence the court values: distance, existing friendships, siblings, special educational needs provision, each school's Ofsted report and results — not parental preference alone.

Practical tips

Plan holidays in school breaks; agree the schedule a year ahead in a parenting plan.
If you must request term-time leave, put the "exceptional circumstances" case in writing to the headteacher before booking anything.
Never remove a child from school mid-term to score points in a dispute — courts see through it and fines land on the resident parent.

Official links

https://www.gov.uk/school-attendance-absence
https://www.gov.uk/child-arrangements-order
https://www.gov.uk/looking-after-children-divorce

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.