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The Independent UK
The Independent UK
Ted Thornhill

Flying with kids is a seating gamble. Should U.S. airlines fix it?

When Southwest Airlines changed its open-seating policy to assigned seating in January, it intensified the spotlight on the plight of families on flights and on whether airlines are doing enough to seat them together. pyiv

Previously, Southwest operated a “family boarding” stage that allowed parents with children under six to board early and find seats together.

Now, as with every other U.S. airline, the system is a gamble: Parents must pay extra for assigned adjacent seats, or opt for a basic fare and hope the airline’s computer plays ball.

All airlines say they strive to seat parents and children together, but there is no federal law compelling them to do so. The Department of Transportation was ordered by Congress to address the issue in 2016, but 10 years later, legislation prohibiting airlines from charging extra for adjacent family seating remains under review and may never be passed.

To make matters worse, paying more is no guarantee. For example, last-minute aircraft changes may bring about a new cabin configuration.

'At a minimum, airlines should have clear policies that guarantee adjacent seating for families with young kids, regardless of fare type,' said father of two and CEO of Dollar Flight Club Jesse Neugarten (Getty Images/iStockphoto)

Southwest customer Ezra A. Cohen took to X to reveal that he had paid for specific seats for his family, which included very young children, but they ended up being “split up all over the plane."

Shea Bartlett, from Washington, D.C., paid extra to be seated next to her four-year-old on a Delta flight from Miami International Airport, according to The Washington Post, but they were still seated in different rows. Shea was forced to plead for a seat swap with another passenger.

Even flight attendants can’t necessarily help.

Marika Mikusova, a former Emirates flight attendant and author of the book Diary of a Flight Attendant, told The Independent: “During boarding, our priority is to ensure a smooth and timely departure. We need to focus on safety procedures and making sure the flight leaves on time, rather than reorganizing the seating plan.

“In the past, I have personally gone the extra mile — walking around the cabin and asking passengers if they would be willing to swap seats so a family could sit together. However, we cannot order passengers to move — it always depends on their goodwill. It often delayed boarding and postponed my other responsibilities as a flight attendant.”

Should airlines be doing more?

Father of two and CEO of Dollar Flight Club, Jesse Neugarten, certainly thinks so, “especially when young children are involved.”

He explained: “Airlines have built pricing models around unbundling fares to make more money, but seating a parent next to a small child shouldn’t be treated as an optional add-on.

“While it’s understandable that seat selection has become a revenue stream, there’s a difference between charging for extra legroom and separating a five-year-old from their parent. At a minimum, airlines should have clear policies that guarantee adjacent seating for families with young kids, regardless of fare type.”

'An aircraft is designed to completely evacuate within 90 seconds with healthy adults who are aware of what's going on, not children away from parents who might not follow safety instructions,' said lawyer Joshua Branch (Getty Images/iStockphoto)

While in-flight family seating is a customer service issue for flight attendants and parents, Georgia-based personal injury lawyer Joshua Branch pointed out that it’s also a safety and potential liability exposure problem.

He told The Independent: “It’s not a question of convenience. This is a safety issue with legal repercussions for an airline. Airlines are common carriers and are held to a high degree of care by the legal system. Once that door shuts, there's no other way out, and no other alternative. The passengers are completely dependent upon the care provided by the airline to protect them.”

During unexpected turbulence, a parent can’t help their child if they’re several rows away, he argued.

Evacuation is another safety concern.

Branch said: “An aircraft is designed to completely evacuate within 90 seconds with healthy adults who are aware of what's going on, not children away from parents who might not follow safety instructions.”

The lawyer also stressed that separated minors are “particularly vulnerable to sexual assaults on aircraft.”

He said: “The airline knows this danger exists and that knowledge is an important factor from a civil legal standpoint.

“The airlines have a special duty of care. If a foreseeable injury results from separating a family and is well documented, this duty of care was breached.

“If a child is assaulted while sitting away from their parents on a plane, this is actionable, meaning that legal action can be taken which would likely prevail. The airline controls the cabin of the plane and seating arrangements. This is directly applicable to the situation. However, preventing an incident like that from occurring is the most important approach.”

So, what’s the advice for parents? Paying for seat assignments is the most reliable strategy for keeping a party together, according to experts.

The best strategy for parents? Ignore the fares and pay extra to book seats next to children (Getty Images)

Neugarten said: “The biggest mistake is focusing only on the lowest headline price and ignoring the fare rules. Basic economy often doesn’t include seat selection, and booking family members on separate reservations to save a few dollars can make it much harder for the airline to seat you together.

“Waiting until check-in and hoping the system assigns seats side by side is another gamble, especially during busy travel seasons.”

The other advantage of pre-booking assigned seating is that it can give you legal leverage.

Branch said, “If a family has paid for adjacent seating and has been separated, they are in a much stronger legal position than those who have only paid for a standard seat. There is a contract, a paper trail, and a breach of that contract, which provides a basis for a claim for breach of contract as well as a claim for liability.”

And if you don’t have assigned seating at the time of booking?

“Call the airline immediately to see what they can do,” said Lia Tuso, a certified child passenger safety technician. ”Don't wait until the week of travel when most of the seats are already assigned.”

If you arrive at the airport without the situation being resolved, Lia advises talking to a gate agent before asking a passenger for a swap.

She said: “The gate agent may have the ability to resolve the issue for your family — that will alleviate the stress of asking a stranger.”

Southwest Airlines said, "If you purchased a basic fare, we will assign your seats at check-in, which begins 24 hours prior to scheduled departure.

"Southwest will endeavor to assign a child, age 12 and under, a seat adjacent to one accompanying passenger, 13 and older, to the extent practicable and at no additional cost.

"If you arrive at the gate and your child is not assigned to a seat adjacent to an accompanying passenger, then you can speak to a Southwest gate agent or flight attendant to request assistance.

"If adjacent seats cannot be found on that flight, then the gate agent will give you the option to take the next available flight with adjacent seating available."

Delta pointed The Independent to its website, which states: "Delta strives to seat family members together upon request. If you are unable to obtain seat assignments together for your family using delta.com or the Fly Delta mobile app, please contact reservations to review available seating options."

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