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Child Arrangements at Christmas Following Separation

In 2016 our family experts have seen a steep increase in applications to the court concerning contact arrangements for children of separated parents. Contact arrangements can be a particular problem when it comes to Christmas time, as the festive holiday is for most a family event. This fact can often create tension for separated or divorced parents attempting to agree fair arrangements for their children over the Christmas holiday period.

Often the most difficult year to arrange is the first Christmas apart as both parents want to spend Christmas day with their children. If arrangements cannot be agreed it is best to take legal advice in order to understand a parent's rights and often to take the tension out of agreeing arrangements and make the Christmas period as stress free as possible.

It is common for separated parents to alternate Christmas day between each other so that the children will spend Christmas with Mum one year and Dad the next. However other parents find that their children would prefer to see both of them on Christmas day and so agree for the children to spend the morning with one parent and the evening with the other, this would then alternate every year.

“It is important to take into account the opinions of the children, whilst being mindful of not putting them in a position of choosing one parent over the other.“

In many separated families, parents will actually hold two Christmas days, with one being held on Boxing Day – most children will not complain about having two Christmases a year! Depending on how amicable the relationship between the two parents is, some decide to spend part of the day together with the children to eat dinner, for example and open presents as a family.

In the majority of cases, the Christmas school holidays are shared equally between parents. However depending on the childrens' ages and the circumstances of the family there are different ways of achieving this. When both parents live a distance from each other, the most suitable option would be to arrange contact for Boxing Day and the following few days in one consecutive block, instead of having regular switches between parents which would involve a lot of travel time. This arrangement is most suited to older children as younger children normally prefer to see each parent for shorter periods of time.

In an ideal world, parents will be able to agree arrangements between themselves. However if coming to an agreement is difficult or becoming stressful, you should seek legal advice from a specialist family solicitor who can guide you through the options whether that be mediation, collaborative law or as a last resort an application to court for a Child Arrangement Order.

Contact one of our experienced family law team, who will be able to assist you so that you will be able to relax and have a Merry Christmas and a Happy New Year!

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.