New government rules cracking down on school absences are putting fresh pressure on separated parents to plan holidays carefully and communicate effectively—or risk financial penalties and even legal proceedings.
Under national guidance introduced last year, parents can be fined if their child has five or more days of unauthorised absence within any 10-week period. Repeat offences can escalate to court, with the third offence within three years resulting in an automatic referral for prosecution at a magistrates’ court.
But until recently, there has been a lack of clarity about how these rules apply to separated or co-parenting families—particularly in cases where only one parent takes the child out of school without authorisation.
That grey area appears to have been resolved—at least in some areas. According to Havering London Borough Council, both parents or guardians may be fined, even if only one is responsible for the child’s absence.
Their official guidance states that: “If a child is residing with a parent and is taken on unauthorised leave with another parent or guardian, both would be issued with a penalty notice fine, regardless of which parent has applied for the leave of absence.”
The council also makes it clear that these penalty notices are issued per parent, per child, and that after a third offence in three years, families will be referred directly to court—with no further warnings or options to settle the matter by fine.
Sarah, CEO of National Family Mediation (NFM), says the update is an important clarification—but one that may come as a surprise to many separated families.
“Many parents assumed that if they weren’t the one taking the child out of school, they wouldn’t be held responsible,” she explained. “But Havering’s guidance shows that both parties can be fined, even if the trip was arranged by just one parent. That’s especially concerning for families who already struggle to communicate post-separation.”
Sarah warns that common holiday scenarios—like overlapping trips with each parent, or one parent failing to inform the other of a planned term-time holiday—could unintentionally push families over the absence limit and into legal trouble.
“This isn’t just about exotic getaways. Even a long weekend away can count towards those five unauthorised days. If it happens a few times—especially across different households—it can quickly add up,” she said.
Over the past year, NFM says it has helped hundreds of families resolve disputes around school attendance, term-time travel, and related issues such as passports and international trips. The charity is urging separated parents to turn to mediation rather than the courts to resolve such disagreements.
“Mediation helps avoid blame and keeps the focus on what’s best for the children,” said Sarah. “It’s quicker, more cost-effective, and far less stressful than taking legal action.”
Eligible parents can access up to £500 under the Family Mediation Voucher Scheme, and Legal Aid is also available for family mediation in many cases.
To help parents formalise agreements around travel, school term dates, and shared responsibilities, NFM also offers NFM LegalEyes, a solicitor-backed service that gives families clarity and legal reassurance—without the cost or confrontation of a court battle.
“We want families to enjoy their holidays—not find themselves entangled in legal disputes,” said Sarah. “Good communication is key—but when that’s difficult, mediation is the safest and fairest route forward.”