Christmas may well be the season of joy, but the Christmas period can be a difficult time for separated parents. It often becomes particularly challenging to plan child arrangements during the Christmas period that align with both parents’ wishes and with what is in the child’s best interests.
It is understandable that you may put off having difficult conversations about the child arrangements over Christmas; however, it is always best to plan in advance.
What happens if my ex-partner will not agree on the child arrangements?
If an agreement cannot be reached between you, the most sensible option is to seek advice from a solicitor and/or a mediator to see whether an agreement can be reached outside of the Court arena, with the help of professionals.
If an agreement still cannot be reached then you can apply to the Court for a Child Arrangements Order or a Specific Issue Order. Child Arrangements Orders deal with the child arrangements throughout the year and include reference to what the arrangements should be during special occasions and holidays, such as Christmas. Specific Issue Orders do what they say, they deal with a particular issue, for example, the arrangements for Christmas.
The decision made by the Court is legally binding and must be complied with.
What is the Law on child arrangements at Christmas?
There is no specific law on what the child arrangements should be during the Christmas period. There is no ‘one size fits all’ solution either. Families celebrate Christmas differently and what may work for one family, may well not work for another.
Despite there being no specific law on child arrangements at Christmas, if the matter is before the Court, the Court will almost always want the child to spend time with both parents during the Christmas period, if it is safe to do so.
Options that the Court may consider could be, for example:
Split this Christmas Day: One parent has the children Christmas Eve and wakes up with the children on Christmas morning and the other parent spends Christmas afternoon and evening through to Boxing Day with them. This then alternates annually.
Christmas Day/Boxing Day split: One parent has the children on Christmas Eve and Christmas Day, while the other parent has the children on Boxing Day and 27th December. This then alternates annually.
There are a number of different ways in which the Christmas period can be split between both parents and the options are not limited to the examples above.
What if circumstances have changed since a Court Order?
If you already have a Child Arrangements Order and you do not think that the arrangement will work for future Christmas arrangements you can apply to the Court to vary the Order. This may be the case if the Order was made when the child was of a young age and now that the child is older, the arrangements are no longer suitable. There would have to be a genuine reason for the change being requested.
If an alternative arrangement to that in the Court Order is agreed between both parents, then it will not likely be necessary to apply to the Court to vary the Order. In such circumstances, it is advised that this is in writing, whether that be via email or text message or any other means of written communication, to ensure that there is no uncertainty as to what has been agreed and it can be referred to if need be.
If you require any advice on child arrangements over the Christmas period, our specialist family law solicitors are here to help.
T: 029 2034 2233
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Author: Caitlin Evans
Published: 13/12/24