With the days growing shorter and colder, it’s time to turn our attention to the Christmas holidays. For separated parents, one of the most pressing issues during this time is determining child arrangements for Christmas Day. While it may seem early to discuss this, addressing the matter in advance is crucial to ensure a peaceful and enjoyable Christmas for everyone.
Jeanette Birch, Family Lawyer explains that “Navigating child arrangements issues are already complex, and when combined with Christmas holiday planning, it can become even more daunting, especially if your relationship with your co-parent is difficult due to ongoing legal proceedings.”
Legal Considerations
Currently, there are no specific legal provisions for Christmas child arrangements. Courts generally encourage both parents to have quality time with their children during the festive season. We advise parents to collaborate in reaching mutually agreeable arrangements that best suit their individual circumstances. Moreover, involving your child in the decision-making process, if appropriate, is essential to prioritise their best interests. Courts will only intervene as a last resort after all other negotiation attempts have failed. A court may decide something that neither parent is happy with and so trying to achieve an amicable agreement is always the better option.
Exploring Your Options
Families typically choose from four primary options:
- Spending the day together: If your relationship with your co-parent remains amicable, celebrating Christmas Day together as a family is a viable option.
- Christmas Day and Boxing Day split: Another approach is for the child to spend Christmas Day with one parent and Boxing Day with the other, creating the feeling of celebrating two Christmases.
- Splitting Christmas Day: Some parents prefer to divide Christmas Day itself, with one parent having the child for Christmas Eve and Christmas morning and the other taking over for Christmas afternoon and Boxing Day.
- Yearly alternation: Alternatively, parents can alternate who gets Christmas Day each year. For example, one parent may have Christmas Eve and Christmas Day this year, and the other parent will have New Year’s Eve and New Year’s Day the following year.
Jeanette Birch explains that “No one size fits all as far as Christmas arrangements and child arrangements are concerned but clarity is always best to avoid issues on the Day and over the Holiday Season.”
Strategies for Reaching an Agreement with a Difficult Co-Parent
Dealing with a challenging co-parent can be particularly stressful. Here are some strategies to help you reach an agreement:
- Start Early: Initiate discussions now to allow ample time for negotiation. Delaying these conversations can increase stress and uncertainty.
- Open Communication: Foster open and respectful communication with your co-parent. Propose realistic solutions that you believe they will agree to.
- Child-Centric Approach: Consider the arrangements from your child’s perspective. Prioritise their well-being and aim for arrangements that cause minimal disruption to their holiday experience.
- Document the Agreement: Once you’ve agreed, document it and share it with the other parent. This ensures clarity and can help prevent misunderstandings during the holiday season. This can be done by emails or even by agreeing a Parenting Plan for Christmas and other issues.
Existing Child Arrangements Orders
If you already have a Child Arrangements Order in place that outlines agreed arrangements, including Christmas, it will remain in effect. However, if your existing order doesn’t specify Christmas arrangements and you can’t come to an agreement, legal assistance, such as an application to vary the order, may be necessary to define and formalise Christmas arrangements for the future.
Contact Us for Expert Advice
If you’re seeking guidance on Christmas child arrangements or any other family law issues, don’t hesitate to reach out to Sinclair Law Solicitors. We offer a free 30-minute case review to provide you with the assistance you need for a smooth holiday season.