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The festive season can be a challenging time for separated parents, particularly when it comes to child arrangements at Christmas, as it can be difficult to balance both parents’ wishes as well as the wishes of the child in some cases. We have therefore compiled 5 commonly asked questions relating to child arrangements at Christmas.
What Can I Do if the Other Parent Refuses to Agree on a Christmas Schedule?
If the other parent is unwilling to agree on a Christmas schedule, the best place to start will be to attempt to resolve the issue amicably by having sensible discussions about the matter. Mediation can also be useful in trying to resolve the issue as it allows for the discussions to be facilitated by an impartial third party.
If it is not possible to reach an agreement through discussing the matter directly or through mediation, you can apply to the Court for child arrangements order which would legally bind both parents to a decision on where the child will spend Christmas.
Court is typically a last resort to avoid the disproportionate costs and potential unnecessary bitterness of contested Court proceedings.
Can I Change a Child Arrangements Order Specifically for Christmas?
Yes, it is possible to request a variation of an existing child arrangements order to address the arrangements for Christmas. This can be done either through mutual agreement or by applying to the Court for a temporary variation. However, the Court will only be persuaded to vary the existing arrangements if the proposed variation is in the best interests of the child.
Do I Need a Court Order if We Cannot Agree on Child Arrangements at Christmas?
While it is not mandatory to have a Court order for Christmas arrangements, if you cannot reach an agreement with the other parent, a Court order may be necessary to formalise the holiday schedule. If the matter is urgent and no resolution can be reached, seeking child arrangements order from the Court may be the only solution.
At What Age Will the Court Consider a Child’s Preference for Christmas Arrangements?
The Court will consider a child’s preference if the child is seen to have the required maturity and understanding of the situation. Whilst there is no set age, this is typically around teenagerhood.
However, while a child’s wishes and feelings may be taken into account, the Court’s decision will ultimately focus on what is in the child’s best interests, and therefore their preference may not be the deciding factor.
What Happens if There’s a Last-Minute Holiday Dispute and There Is No Time to Go to Court?
In situations where there’s a last-minute dispute and you do not have time for a Court hearing, you may still seek emergency intervention from the Court if the matter is urgent. Courts can grant short-term orders, however if there is not sufficient time to make a Court application and have a hearing, it is advisable to try mediation or agree to a temporary arrangement with the other parent until a formal solution can be reached. If the dispute cannot be resolved in this way, you may wish to seek legal advice from a Specialist Family Solicitor immediately for advice as to potential emergency relief.
Ultimately, the best approach in any of these scenarios is often clear and respectful communication with the other parent. It is often beneficial to make arrangements for the holiday period earlier in the year or at least in the months running up to Christmas to provide clarity for both parents and the child which will serve to avoid most disputes. The holiday period can often be a stressful and unpredictable time, and you may therefore find that a degree of flexibility is needed to ensure that the arrangements are suitable as above all, the focus of any agreement reached must be the child’s well-being.
If you are experiencing difficulty in agreeing on child arrangements for the holiday period, our Solicitors and Mediators are here to help, Contact Us to speak with our family law specialists.
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