A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable...
Christmas should be a magical time for the whole family, especially the children. A season filled with joy, love, and time spent with family. However, for parents who are separated or divorced, the festive season can be especially difficult, particularly when faced with the added challenge of deciding who the children should spend Christmas with.
There is no specific legal framework dictating how children’s time should be divided between parents during the holidays. Unsurprisingly, this is very case specific as no two families are the same. As always, the children’s best interests are of paramount importance and should be at the heart of any decision. Ultimately, a decision that is made based on what feels fair to either parent is trumped by what is in the best interest of the children.
It is also important to avoid placing children in the difficult position of having to choose who to spend Christmas with. They should be given the opportunity to enjoy meaningful time with both sides of their family without bearing the burden of feeling as though they are ‘choosing sides’.
In the absence of a specific framework, each family will need to find an arrangement that works for them. Below are a few examples of common arrangements that may work for your family:
- Alternating years – One parent has the children for Christmas Day one year, and the other parent the following year.
- Dividing Christmas Day – The children spend Christmas eve and Christmas morning with one parent, and Christmas afternoon and boxing day with the other.
- Splitting the holidays – Each parent has one week of the school holidays, alternating annually.
- Creating a “second Christmas” – in situations where sharing Christmas day itself is difficult, some parents choose to celebrate Christmas on another date so that both parents have the opportunity to celebrate Christmas with their children.
Financial pressures also tend to increase on the lead up to Christmas. Therefore, some parents may find it helpful to agree on a budget and communicate about gifts in advance. Ultimately, the key to avoiding conflict lies in careful planning, maintaining child-focused communications and staying flexible.
However, if parents cannot agree on festive contact arrangements, there are several options that should be explored before resorting to Court including mediation and negotiations via solicitors.
Court is an absolute last resort for when all other options have been exhausted. An application can be made to the Family Court for a Child Arrangements Order, but this process can be both lengthy and costly. Most importantly, the Courts decision will be based solely on the children’s welfare and what is in their best interests.
Ultimately, Christmas can be an emotional time for separated families. And whilst separation may change the way the holiday looks, it doesn’t have to take away from its magic. By creating new traditions, planning ahead and maintaining a spirit of cooperation, parents can help ensure that Christmas can remain a happy and magical time for the whole family.
In summary, it is important to remember these key points for when making Christmas contact arrangements:
- Plan early and stay organised
- Keep the focus on the children
- Be flexible and willing to compromise
- Coordinate gifts and expectations
- Establish new traditions
If you would like to speak to a member of our family team regarding contact arrangements, please call 01689 887887 or email a member of our family team to book an appointment.