Summer vacation regularly raises practical and legal questions for parents who live apart: How are the vacation periods divided? What arrangements are necessary for vacation trips? And what happens if the parents cannot reach an agreement?
The key factors are the existing visitation rights agreement, the specific custody arrangement, and the child’s best interests. Early and clear coordination provides planning certainty and can help prevent conflicts before the vacation begins.
The arrangement of vacations is based on an existing visitation agreement and the circumstances of each individual case. If there is no specific agreement, the vacation periods should be coordinated in a timely manner.
The following points are particularly important for reliable planning:
The right to contact during school breaks is not a separate legal category, but rather part of general contact law. The best interests of the child, as defined in § 138 of the Austrian Civil Code (ABGB), are always the determining factor. The custody arrangement particularly influences the decision-making and consent requirements regarding travel. The goal is to enable the child to maintain a reliable relationship with both parents, even during school breaks. It is advisable to establish an arrangement that specifically addresses the following issues:
Establishing as clear a set of guidelines as possible for these matters makes planning easier and reduces the need for coordination immediately before the start of the vacation.
The level of coordination required when traveling with a child depends, in particular, on the custody arrangement, as well as the destination, duration, and specific circumstances. In cases of joint custody, certain travel decisions may require prior coordination with or consent from the other parent with custody rights.
In cases of long-distance travel, travel to crisis regions, extended stays abroad, a change of residence, or an increased risk of abduction, the consent of the other parent with custody or court approval may be required. If no agreement can be reached, legal or judicial resolution may be necessary. If there is a risk that the child will be taken abroad, the court may also order protective measures, including the seizure of travel documents.
It's not always possible to agree on holiday arrangements. If no agreement can be reached, parents should not act unilaterally, but rather use the existing arrangement or seek legal clarification.
If a child is withheld without justification or if an agreed-upon handover is refused, this may have legal consequences and harm the relationship with the child. In the event of a refused handover or a violation of an enforceable order, the special enforcement rules of the Non-Contentious Proceedings Act (AußStrG) apply: The court may use coercive measures but will refrain from doing so if this would jeopardize the child’s best interests; supervised visitation may also be ordered. In the event of ongoing disagreement, it should therefore be determined whether an amicable adjustment is possible or whether a court ruling is necessary.
In addition to simply dividing up the week, specific events often cause uncertainty—such as holidays, birthdays, or traditional family gatherings that fall during the vacation period.
It is regularly advisable to clarify:
Resolving these issues early on allows both parents to plan ahead and reduces the need for last-minute coordination.
Whether there is still a need for clarification before the start of the school break can be determined by considering a few key points:
If there are still some unresolved issues, the existing policy should be clarified before the start of the school break.
Even with careful planning, last-minute changes may be necessary—for example, due to illness, work commitments, or changes in travel plans. Such changes should be coordinated as early as possible and documented in a way that allows for transparency.
In particular, the following should be clarified:
A mutual agreement allows parents to tailor vacation schedules, travel plans, and drop-off and pick-up arrangements to their specific family situation. However, purely private agreements are not directly enforceable; in particular, court decisions or agreements reached in court are enforceable. If an agreement cannot be reached or if an existing arrangement is not being followed, a court ruling on visitation rights may be necessary.
In both cases, the best interests of the child remain the deciding factor.
In practice, the following points in particular often lead to conflicts, misunderstandings, or unmet expectations:
We therefore recommend the following procedure:
If you gather the key details early on, you can plan your vacation much more reliably. Information on the following is particularly helpful:
This information can be used to assess whether the planned holiday activities are viable and where further coordination is needed.
Before the holidays begin, the following points in particular should be clarified:
If uncertainties remain on several points, legal clarification is recommended – this prevents disputes precisely at the start of the holidays.
A court-ordered visitation arrangement is not the norm, but may become necessary if the parties cannot reach an agreement or if an existing arrangement is not being followed. This is handled through non-contentious proceedings before the competent district court, which is generally located in the child’s habitual residence; the court may also issue provisional orders in such cases.
The following are particularly important:
The more clearly these points are documented, the more robust the basis for a quick and child-friendly solution.
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The Nagler Law Firm provides comprehensive advice on visitation rights and on all matters related to vacation arrangements, traveling with the child, and custody. Our goal is to provide advice that is not only legally precise but, above all, understandable, forward-looking, and focused on the best interests of the child.
Especially during the holidays, a timely and clear agreement is crucial. Therefore, careful preparation and a solution that will still be effective next summer are all the more important.
Even if a trip takes place during your designated contact time, it is advisable to inform the other parent in good time. This creates reliability and prevents misunderstandings, especially if availability or destination are relevant for childcare planning.
In cases of joint custody, the consent of the other parent is generally required for travel, especially for long-distance trips or travel to crisis regions. Short, routine trips abroad within the EU are often viewed less problematic in practice, but explicit consultation is still advisable.
If no agreement is reached, the existing visitation rights arrangement should be followed initially. If no such arrangement exists or if it is not being followed, a request may be made for the court to establish visitation rights.
Yes. An existing arrangement can be modified by mutual agreement or, if no agreement can be reached, can be redetermined by a court. The child’s best interests are always the deciding factor. Significant changes in circumstances may justify such a modification, but they are not a strict formal requirement.
Unilaterally keeping a child abroad may be considered unlawful under the Hague Convention on the Civil Aspects of International Child Abduction (HCIA) if it constitutes a violation of custody rights. The decisive factors are custody, mutual agreement, information provided, as well as the destination and duration of the trip. In the event of a disagreement, it is preferable to pursue legal channels through an informal resolution or a court ruling.
Yes. In practice, holidays and special occasions such as birthdays are often arranged independently, for example on an annual rotation, to create planning certainty for both parents.
Short-term changes should be agreed upon by both parents early and transparently. Unilateral changes without prior consultation should be avoided.
Yes. In addition to ongoing visitation, a court order may also cover the allocation of vacations, holidays, and special occasions if the parents cannot reach a mutual agreement.
