The festive season can be a difficult time for parents who have separated, and especially for those who have children together, particularly if arrangements have not been sorted out. It can be challenging to balance both parents’ wishes and feelings as well as the children’s.
This blog explains the common issues that arise when separated parents are planning the festive period. We outline what options are available if you can’t agree on arrangements, when a Court Order may help, whether existing Orders can be changed, how holidays work, and what happens if disputes arise at the last minute. We also touch on how a child’s wishes are considered and how to get support if you need advice.
What to do if parents cannot agree on the Arrangements?
If parents are unable to reach an amicable agreement as to their arrangements for the children over the festive period, then they can try and resolve matters via mediation, which can often be useful.
If matters cannot be resolved through mediation, an application to the Court can be made for a Child Arrangements Order. A Child Arrangements Order is a legally binding Order and one that must be adhered to by all parties to the Order.
Is a Court Order needed if parents cannot agree on Christmas Arrangements?
A Court Order is not mandatory to have in place; however, if parents cannot agree on arrangements for the festive period, a Court Order may be necessary so that a formal arrangement is in place.
This way, there will be no uncertainty as to which parent has the children and when.
Can a Child Arrangements Order be changed specifically for Christmas?
It is possible to vary an existing Child Arrangements Order to reflect arrangements over the festive break, either by an agreement in writing by both parents or by making an application to the Court.
Can you take your child on holiday with a Child Arrangement Order in place?
A parent can take a child on holiday if there is a Child Arrangement Order in place. If you are taking your child on holiday in the UK, you are not required to seek additional consent as long as the holiday does not disrupt the arrangements already in place.
If you are seeking to take your child abroad, you may need consent from the other parent; however, this will depend upon the wording within your Child Arrangements Order.
What happens if there is a last-minute dispute?
If a situation arises and there is a last-minute dispute as to arrangements, you are still able to seek intervention from a Court if the matter is urgent. It is advisable to try to reach an agreement between the parents privately or via mediation before seeking input from the Court.
Does the child have input into the Christmas Arrangements?
A child’s wishes and feelings must be taken into consideration, but they should not be asked directly which parent they prefer to spend the festive period with. The Court will take into consideration the child’s wishes if they are seen to have a high level of maturity and understanding.
The decision will come down to what is ultimately in the child’s best interest.
Need support with child arrangements?
If you have any queries regarding child arrangements, please get in touch with us here. Our family department can be contacted directly at family@duddenlaw.co.uk or on 02921 320150 to arrange an appointment virtually or in person at a time that suits you.
Insights from Megan Waugh
