Jennifer Ball
- Senior Associate
- Family & Divorce
Avoiding festive friction: how to plan care arrangements for children
Whilst many will be enjoying the run up to the festive season, for separated parents this time of year can be very tricky, as often both parents want to spend Christmas Day with their children. This can end up with the children feeling caught in the middle and impacting what should be a happy and joyous time. We consider how to approach some of the issues that tend to arise in the run up to the holidays.
Common issues parents face when planning care arrangements over Christmas
Some of the predicaments we see are:
- How is Christmas defined, for example is it just the day itself, or does it encompass Christmas Eve and/or Boxing Day?
- Who will the children be with on Christmas Day itself?
- Should Christmas Day be split, so the children spend time with both parents?
- How, when and where should handovers take place?
- What happens at New Year and how is the New Year period defined?
Understandably, many people want to spend time with extended family at Christmas, however, this can cause issues in respect of handovers, especially if the extended family live further afield.
What if the parties do not agree what the arrangements should be?
If there is no Child Arrangements Order in place which determines the arrangements, then the parties should initially seek to resolve the dispute in mediation. If this fails, then an application to the Court would need to be made. In the event that such an application was being made in the run up to Christmas, it is likely a Specific Issue Order would be sought, to determine the urgent issue.
The Court currently has a huge backlog of cases and, as such, any application brought in the run up to Christmas would need to be made in good time, to have the best chance of success of securing a hearing before the holiday period.
What will the Court take into consideration when determining the Christmas arrangements?
As with all Children Act 1989 proceedings, the children’s welfare is paramount and the Court will consider what is best for them when determining the arrangements. Some of the factors the Court will consider will include the age of the children, their emotional needs and the proposed locations for the festive period.
Courts are often reluctant to split Christmas Day, as this can leave the children feeling as though they cannot relax, as they will need to be transported between homes in the middle of the day.
Whilst parents are able to agree any arrangements they like, it is common for the parent who does not have the children for Christmas, to have them over the New Year period.
Are there any practical tips for parents trying to navigate Christmas?
Christmas can bring up a lot of emotions for separated parents, with one parent potentially having to contemplate spending Christmas Day without their children. In order to try and manage this, discussing the arrangements and making proposals well in advance of the holiday period is helpful. This allows the parent without the children time to make alternative arrangements.
It is also important to ensure that the children are not put in a position of having to choose, or receiving ‘pressure’ from extended family, who may be disappointed about not being able to spend time with them. Any conversations with the children should focus on the positives of being able to enjoy the Christmas period with both parents and extended families, albeit it may be celebrated on two separate days.
How we can help
Our Family team understands that the festive season can be challenging for separated parents. We provide clear, practical advice to help you navigate arrangements and reduce stress for you and your children. We can assist with:
- Negotiating arrangements for Christmas, New Year and beyond to ensure a fair and child-focused plan.
- Court applications for urgent issues, including Specific Issue Orders, when agreement cannot be reached.
- Guidance on Child Arrangements Orders and long-term planning for future holidays.
- Advice on safeguarding children’s welfare, ensuring they are not caught in the middle of disagreements.
Our goal is to help you achieve workable solutions that prioritise your children’s happiness and allow everyone to enjoy the festive period. Please contact a member of our Family team for further support.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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