26 Nov 5 Tips to Agreeing Child Arrangements at Christmas
Child arrangements during the festive period
After a divorce, it is common for parents to struggle to agree who will be with the children on Christmas Day, and some parents will want to make plans to go away during the festive period. This can cause disagreements which often result in a stalemate.
So here are Family Solicitor, Vyonne Manuel’s top five tips to help you with your child arrangement discussions.
Start conversations early
Make plans well in advance to ensure that when Christmas arrives, the children have a clear idea of who they will be with. It also allows you time to resolve any issues.
The first step is to prioritise where the children will be on Christmas Eve, Christmas Day and Boxing Day.
Some solutions often include parents alternating Christmas Day each year or sharing Christmas Day every year, where the children are with one parent in the morning and the other in the afternoon.
Many parents will decide to divide the holiday period into larger chunks, so the children will stay with one parent for the week of Christmas, and then with the other parent for the New Year. This can alternate each year.
Once you have reached an agreement, it is important to stick to it. This helps to build trust, routine, and stability not just for the child/children but also for the parents.
We always recommend the agreement is written down and shared between both parents. This ensures you have a record of your discussion, to refer to, if needed.
Focus on the children
The Court’s paramount concern is the wellbeing of the child/children. Therefore, as hard as it may sound, try to keep your emotions out of the discussion and focus entirely on the children, and their best interests.
The impact of the separation and the effects that follow are likely to cause your child/children some disruption. To make the situation easier for them, avoid conflict in front of them and be mindful about them overhearing any arguments. If you are having conversations where the children can hear, it is important to stay calm and not say negative things about each other.
Understanding legal frameworks
The legal landscape surrounding child arrangements has evolved significantly in recent years. The Domestic Abuse Act 2021 introduced enhanced protections for children in high-conflict separation scenarios, providing additional safeguards for vulnerable families. Our legal system now places greater emphasis on constructive co-parenting, recognising that effective communication and child-focused approaches are crucial to maintaining healthy family dynamics, especially during challenging periods like the festive season.
Holiday travel can also introduce complex legal considerations for separated or divorced parents. Depending on your specific circumstances, it may be useful to obtain written consent from the other parent before any international travel, ensuring all necessary documentation is prepared in advance. Parents should be particularly mindful of potential passport control complications, especially if they have different surnames or complex child arrangements. Understanding the legal implications of removing children from the jurisdiction is paramount to avoiding potential legal disputes that could disrupt holiday plans.
Financial considerations
Holiday periods often bring additional financial considerations for separated or divorced parents. It’s important to agree upfront any holiday-related expenses, including gift-giving, travel, and potential additional childcare costs. Parents should consider how these expenses might impact existing child maintenance arrangements and strive to create fair, agreed-upon financial guidelines that prioritise the children’s experiences and needs.
Ask for help if you need it
While it is always better to find an agreement without any outside intervention, we fully understand that sometimes it is just too difficult for some parents. If you need help, we can support you with your negotiations. If you open the conversations in good time, you may also find mediation an effective way to find a compromise.
As a last resort, we can make an application to the court for a Child Arrangements Order. This will set out the times that the child or children spend with each parent, but bear in mind that there are currently delays with the court so unless your application is urgent, any C100 applications sent in November and December 2024 will not be issued or listed until 2025.
Contact us for legal advice.
- Email info@hrjforemanlaws.co.uk
- Call Hitchin, 01462 457711, Welwyn Garden City, 01707 887700, Old Harlow 01279 709 100.
- Complete our contact form here