The festive period is a time for families to come together.
However, for separated parents, agreeing on arrangements for children over Christmas can be challenging.
Where possible, children should be able to have a meaningful relationship with both parents, especially during the festive period.
Reaching an agreement well in advance can help reduce stress and ensure that the focus remains on the children's enjoyment of Christmas.
If you are separated, you may wish to begin considering child contact arrangements now for the upcoming Christmas period.
Top Tips for Agreeing Christmas Arrangements
If you are finding it difficult to reach an agreement, we recommend the following tips:
- Discuss Christmas arrangements as soon as possible;
- Be prepared to compromise;
- Be flexible and be mindful that usual arrangements may need to be varied over the festive period;
- Consider the other parent’s wishes and feelings and where appropriate, the children’s wishes and feelings if they are old enough;
- Be respectful to the other parent;
- Do not allow the children to become involved in any parental conflict;
- Provide the other parent with reasonable notice of any Christmas plans and proposed arrangements;
- Always ensure that any arrangements made are in the best interests of the children.
Christmas contact arrangement suggestions
There is no standard arrangement that works for every family.
The right approach will depend on your children’s needs and family circumstances.
What works for some families may not work for others.
Some common arrangements include:
- The children spending time with one parent from Christmas Eve until Christmas Day and with the other parent from Christmas Day until Boxing Day;
- Alternating Christmas Day each year, with one parent having Christmas Day the following year
- The children spending Christmas Day with one parent and Boxing Day with the other
- Spending Christmas day in the same house in circumstances where both parents have an amicable relationship
There is a child arrangements order in place specifying Christmas arrangements, but it is not being followed – what can I do?
If there is a child arrangement order is already in place, which stipulates the contact arrangements over the Christmas period and the arrangements are not being adhered to you may need to consider applying to the Family Cour to enforce the order.
The other parent would need to demonstrate that they had a reasonable excuse for breaching the order in relation to the stipulated Christmas plans.
Before making an application, it is sensible to consider if it is possible to resolve mmattersvia non-court dispute resolution such as mediation or collaborative law to see if agreement can be reached.
I want to take my children abroad for Christmas -can I do this?
If you are planning to take your child on holiday for Christmas, you will usually need the consent of everyone who has parental responsibility for the child.
If there is a Child Arrangements Order in place which names you as the person with whom the child lives, you may take the child out of the county for up to 28 days without obtaining the other party’s consent unless a court order prevents you from doing so.
Even where consent is not legally required, to prevent conflict, it is recommended that parents communicate, and the other parent should be given sufficient notice before any Christmas holiday arrangements are made.
Can a Child Arrangements Order be put in place before this Christmas period?
If an agreement cannot be reached, it may be possible to apply to the court for a Child Arrangements Order, however there is no guarantee that the court will determine the application before Christmas.
For this reason, parents are encouraged to begin discussions as early as possible and explore alternative methods of dispute resolution, such as mediation, in the hope that parents can agree arrangements before the upcoming festive period.
Contact Our Family Lawyers
If you need legal advice concerning child contact arrangements over the Christmas period or would like to be put in touch with mediators, please contact Myerson Solicitors' Family Team at:
01619414000
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Sarah Whitelegge
Legal Director
Sarah has over 17 years of experience acting as a Family Solicitor and as a Legal Director in our team. Sarah has specialist expertise in complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, and special guardianship orders.
About Sarah Whitelegge