* Last month a mother unhappy that her former partner planned to make their children miss the first days of term took him to court. The judge ruled that she would have to pay for earlier flights (at height-of-season prices) if she wanted the children to return in time for the start of the school term.

* August again, and another mother was upset when the Court of Appeal overturned a decision to allow a father to take their children away, missing a week of school. She was unhappy because one of the children had already missed half a term recovering from an injury - the result of not wearing a seatbelt in her father’s care previously

Should parents be allowed to take their children on holiday during the school term? Government statistics make it clear that such absences are on the rise. Last year it was the second most common reason for absence and accounted for 6.8 million lost school days. This is despite Jacqui Smith, then schools minister, saying in 2005: “We will continue to support local education authorities and schools facing the greatest challenges ... in improving attendance, [and] will not hesitate to support them in using sanctions such as prosecution and penalty fines for those parents who are simply unwilling to get their children into school.”

So why are the courts not backing parents - and the Government - who want to observe school term times?

When a separated parent wants to take the children away in term time and the other parent does not agree, he or she can ask a judge for permission to go, overruling the other parent. Judges are daily making decisions on this question and their approach is often surprising.

All parents resent holiday companies putting up prices over school holidays. Many believe it is entirely acceptable to take children on holiday during term because it is the only way that they can afford a holiday. However, we all know that teachers and politicians will never happily condone children being on holiday when they are supposed to be at school. Given the threats from government about punishing parents whose children do not attend school, what would you expect judges to say if they are asked to decide?

Surprisingly, parents have a very good chance of getting a judge’s blessing, especially if they have not told the other parent until the last minute of any plans.

It seems that judges are simply not tuning in to the Government’s message about the importance of children attending school regularly – a concern both for responsible parents and teachers. Why is it that our courts are failing to support the responsible parents - the ones keen to avoid disrupting their children’s education and maintain stability, at a time when their children are so hungry for this security? Why is it these parents who are who are being overruled in our courts. Surely it is time for a re-think?

The author is a partner at the specialist family lawyers Bross Bennett

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