The holiday season is a time when families typically gather and celebrate together. However, for parents who are separated, managing child contact arrangements during Christmas can pose challenges, especially when determining how and when children spend time with each parent.
Ideally, children should maintain a meaningful relationship with both parents, even during the festive season. It would be in the best interest of your children if parents could mutually decide on their Christmas plans. If you’re separated, it’s a good idea to start thinking about child contact arrangements for the upcoming Christmas period.
Myerson Solicitors’ Family team provide their top tips for Christmas arrangements.
Top Tips – Christmas Arrangements
Here are some valuable tips for managing Christmas arrangements if you’re struggling to reach an agreement:
- Initiate discussions about Christmas plans as early as possible.
- Be open to compromises.
- Be flexible and recognise that regular arrangements may need adjustments during the holiday season.
- Consider both the other parent’s and the children’s wishes and feelings, especially if the children are old enough to express themselves.
- Maintain respect for the other parent.
- Keep children out of any parental conflicts.
- Provide the other parent with reasonable notice of any Christmas plans or issues.
- Always ensure that the arrangements made prioritise the children’s best interests.
Christmas Contact Arrangement Suggestions
When it comes to Christmas contact arrangements, there’s no one-size-fits-all approach. What works for some families may not work for others. Consider these options in consultation with the other parent and your children:
- The child spends time with one parent from 4 pm on Christmas Eve to 4 pm on Christmas Day and with the other parent from 4 pm on Christmas Day to 4 pm on Boxing Day.
- Alternate arrangements, such as the child spending Christmas Day with one parent in 2023 and with the other parent in 2024.
- Spend Christmas Day with one parent and Boxing Day with the other.
- Celebrate Christmas Day in the same house if both parents are on amicable terms.
What Can You Do If You Can’t Reach An Agreement On Christmas Arrangements?
Mediation can be a helpful way to resolve disputes regarding Christmas contact arrangements. Mediation involves an independent third party trained to assist both parents in reaching an agreement.
If mediation doesn’t lead to an agreement, you may need to consider filing an application in court for a Child Arrangements Order, which ensures fair arrangements for children, both in general and during Christmas.
What If There’s A Child Arrangements Order In Place, But It’s Not Being Followed?
If you have a Child Arrangements Order specifying Christmas arrangements, but the other parent isn’t complying, you may need to apply to the court to enforce the order. The other parent must provide a reasonable excuse for breaching the order in relation to the specified Christmas plans.
Thinking About Taking Your Children Abroad For Christmas?
If you plan to take your child on a holiday during the Christmas period, you’ll need permission from all individuals with parental responsibility or court approval. If there’s a Child Arrangements Order naming you as the child’s primary caregiver, you can take the child out of the UK for up to 28 days during Christmas without permission, unless a court order states otherwise.
However, it’s advisable to communicate with the other parent and provide sufficient notice before making any Christmas holiday plans. If there’s no Child Arrangements Order in place, you’ll need consent from all individuals with parental responsibility before taking a child abroad.
Can A Child Arrangements Order Be Established Before This Christmas?
There’s no guarantee that a Child Arrangements Order can be obtained in time for the 2023 festive season. Therefore, it’s recommended that discussions regarding Christmas arrangements start as early as possible in the hope of reaching an agreement before the upcoming festive period.
And on that uncharacteristically serious note, we hope you have a merry one all the same!
*The information provided in this article is intended to serve as general guidance and should not be considered as legal advice. The circumstances surrounding child contact arrangements can be complex and vary greatly from case to case. Therefore, it is always recommended to seek professional legal advice from a qualified solicitor or family law expert to understand your specific situation and rights.*