Child Contact Arrangements over Christmas

Agreeing contact arrangements for children over Christmas can be difficult for parents who have separated or divorced. After separation there are now two families who want to celebrate Christmas Day and the surrounding traditions. Often children will want to see both of their parents on Christmas Day itself. This can be arranged where practical and children can spend part of Christmas Day with each parent. An alternative where this would not be suitable might be for parents to alternate Christmas Day and Boxing Day or New Years Day between them each year so that children have two Christmases, one with each parent. Planning early can often ease the tension closer to Christmas itself.

If it has not be possible to agree child arrangements there are various options:

• Each parent can instruct a solicitor for legal advice on the situation. At Knights we have a team of expert family lawyers who can help by advising in the background or becoming directly involved in agreeing arrangements;
• Parents can attend mediation. This would involve having a series of meetings with an independent third party mediator to help parents discuss he problems and come up with a satisfactory solution between them; or
• An application can be made to the Court for a child arrangements Order which can cover arrangements throughout the year for the time children spend with each parent.

The disadvantage of the court process is that a Judge may Order arrangements which neither parent considers is the best outcome. It can also be a costly, lengthy and stressful process. 

The factors the court will take into account should always be borne in mind when trying to agreeing contact arrangements. The primary concern of the court will be the welfare of the children. There is no right or wrong solution in terms of Christmas. Some Judges take the view that a child should spend Christmas morning at their usual home as this is where Santa will know to find them.  Others consider that alternating the day is a better way forward. Travelling distance between two homes can often be a key factor in whether Christmas Day can be split. Equally if parents have a more amicable relationship this can mean that transitions between homes can be much smoother and easier for children. The Court can take into account the views of children but parents should be careful not to put children in a position where they are aware of the disagreement between their parents and feel they are being asked to choose. If it is not possible to reach an agreement which suits parents and children, the key is to get advice early about your options to move matters forward and find a solution which will allow for an enjoyable Christmas for all involved.

At Knights our family team  can advise on child arrangements or any other family legal issue.  We have offices in Birmingham, Cheltenham, Chester, Derby, Leicester, Manchester, Oxford, Stoke and Wilmslow. Julia Lee can be contacted on 07469856077 or [email protected].