Celebrating together: Eid and child arrangements
At the end of March, muslim communities and families across the UK will be celebrating the festival of Eid al-Fitr, which marks the end of the holy month of Ramadan. However, the precise date will vary, as it is defined as the day after the new Moon is seen at the end of Ramadan. Sometimes the actual date may not be announced until the night before.
This makes it difficult to plan too much in advance for decisions concerning children celebrating this important festival, especially for divorced or separated parents. This article explores issues of diversity, the need of the family courts to evolve, and issues of parental responsibility.
The importance of Eid
While most UK non-muslims are aware of the practice of fasting during the month of Ramadan, there is far less general awareness of Eid al-Fitr (which marks its end) as an important religious festival.
Eid al-Fitr is a special time where close family meet up with extended family to celebrate. After attending prayers in the morning, families come together to share a meal, and give children small gifts and/or money. It is similar in importance to Christmas, but often made more complex in terms of organising by the uncertainty of exactly when Eid falls each year. This is an incredibly special time of the year for muslim families which family courts, family lawyers, barristers, solicitors, and other legal practitioners need to be aware of.
Co-parenting in Eid
With the rising number of separations and divorces in the UK muslim and Asian communities, it is important that children are able to see and enjoy time with both parents and their families during this special occasion. This means some key decisions (and actions) need to be taken in advance, including:
- Giving sufficient notice to schools, so they are aware that the child will be celebrating this festival when it happens.
- Deciding which parent the children will spend which part of the Eid celebrations with.
- Allowing for different Eid dates for each parent, as these can vary from mosque to mosque.
In muslim and Asian families, the importance of extended families, and intergenerational relationships especially with grandparents are particularly important. It is essential that legal practitioners give consideration to children spending time with both sides of the family on this special day.
Taking children out of school for Eid
All parents have a legal responsibility to ensure their child attends school regularly and on time. Both parents need to therefore agree to seek permission from their children’s school/s to authorise their absence during religious festivals such as Eid.
According to the City Of Westminster:
“Government guidance says a pupil can be absent “on a day exclusively set aside for religious observance by the religious body to which the parent belongs.”
However, to balance the need for attendance and learning:
“No more than one day in any term will be authorised for an individual occasion of religious observance and no more than three days in any academic year.”
A flexible approach from schools
The diverse London Borough of Hounslow, in its “Leave for Religious Observance - Guidance for Schools”, states that schools need to be flexible too:
“These Muslim celebrations (Eid-ul-Fitr and Eid-ul-Adha) occur according to the lunar calendar in different countries and it is difficult to predict when pupils may need to be absent from school until very close to the day itself. “
Parents should ensure that they agree on the course of action they wish to take, and make the school aware of their wishes in advance. So when the actual date is announced, schools know to expect a request for leave of absence.
Parents should remember that education is an important part of exercising parental responsibility, and so wherever possible, agreement is required.
Eid child arrangements: which parent, and when?
Divorced or separated parents need to be flexible with contact arrangements during Eid time so children can enjoy time with both parents. This can be particularly important when each parent follows their local mosques which may result in two parents celebrating Eid on different days, especially if they live miles apart.
Ideally, this flexibility would be part of your existing child arrangements agreement or court child arrangements order. If not, you can draw up a separate child arrangement letter. This would be drawn up by family lawyers such as LGFL and basically lays out who has the children, and when. Contact us about child arrangements letters for Eid.
Eid and family courts
Given the importance of the Eid festival, UK family courts need to consider the arrangements for Eid when making child-related Orders. These should allow for last-minute changes when parents are arranging contact during Eid, given the uncertainty of when Eid falls each year.
At LGFL we are glad to see that increasing numbers of court Orders do allow for Eid. As an inclusive practice, we think it is important that family courts and other legal practitioners do not miss this occasion when drafting orders or minimise its importance.
Religious festivals and UK culture
Several religious festivals are already very much of the UK calendar, including Holi, Diwali and Ramadan. This year saw King Charles open up St George’s Chapel at Windsor Castle to host an iftar, the breaking of the daily fast after sunset. Over 350 guests attended and as the BBC reported, it made a real impact on those who sat together and ate in this iconic space.
“I studied history at university, so to actually open my fast in Windsor Castle is not something I ever thought I would do. To mix my Muslim identity with that historical knowledge is a real privilege."
"I've never been to Windsor Castle before, so this is an awesome experience. The first time to be here and to do it in an Islamic way - amazing."
As society evolves, so too must the approach of the family law courts and family lawyers. At LGFL, we strive to ensure that we are always aware of the current issues facing our clients.
Help with divorce and separation for everyone
As an inclusive practice, LGFL have represented people of many faiths and beliefs through separation and divorce in the UK and beyond. Contact us to discuss your situation in complete confidence during your initial 60-minute consultation, either in person or online .