Child Arrangements at Christmas: The Legal Position and Tips for Successful Co-Parenting

How you can manage contact and handover arrangements over the festive period, and what we can do to help you.

Christmas is such a magical time of year and we understand that parents want to spend this time with their children to create life long memories. Unfortunately, for separated or divorced parents, this time of year can pose unique challenges, and many parents are understandably likely to feel upset if they are not able to spend time with their children or agree on arrangements with their co-parent that they deem to be ‘fair’.

The Legal Position

Parents, in England and Wales, are expected to attempt to reach an agreement privately in respect of contact arrangements, that prioritise their child’s best interest. If parents are unable to reach an agreement between themselves, before looking to make an application to Court they are required to consider mediation.

If an agreement cannot be reached either privately or at mediation, the Court can then be asked to intervene. When deciding what arrangements should be implemented, the Court’s priority is the child/ children’s welfare and they consider factors including: the child’s wishes and feelings, their age and the ability of each parent to meet their care needs.

There is also a presumption that both parents should be involved in a child’s life and therefore spend time with them over the festive period.

Tips for Successful Co-parenting:

1. Planning ahead.

Do not wait until December to address Christmas arrangements, it is key to begin discussions as early as possible. This will allow both parents to plan their time accordingly, ensuring that the child/ children enjoy festive outings and spending time with both parents wider family.

2. Open communication

Communicate clearly with your co-parent and consider your child/ children’s expectations of when they will want to spend time with you and your co-parent over the festive period. Any suggestion should also be realistic to allow your co-parent to spend sufficient time with your child/children, over this period.

3. Focus on your child/ children.

Although it may not feel like it you both have the same goal; you want to spend time with your loved ones over the festive period and you both want to ensure that your child/ children have the best Christmas. It is much easier to achieve this if you work together and remain amicable when having discussions about arrangements.

4. Be flexible.

Being flexible and compromising with your co-parent is essential. Both parents will have traditions and family gatherings that they would like their child/ children to attend, but it is not possible for a child to be in two places at once. It is key to find a compromise that accommodates a child being included in traditions and gatherings and ensuring that the child’s happiness and stability is prioritised.

5. Create new traditions

This can be a great way for both parents and children to make memories over the festive period and can create magical moments, even if the traditions do not take place on Christmas Eve or Christmas Day.

Still unable to reach an agreement? Seek Legal Advice

Co-parenting over Christmas is not easy, but it does not have to turn into a seasonal battle and take away from the festive joy. If you and your co-parent are unable to reach an amicable agreement between yourselves, Wilson Browne can help you. We can open a channel of communication between you and your co-parent in an attempt to reach an agreement as to arrangements, outside of the Court arena. We can also provide specific advice in relation to your specific circumstances and if necessary, look to issue Court proceedings.

If you would like to speak to me or a member of the team about contact arrangements for your child/children at Christmas, or any other Family Law issue, please get in touch on 08000886004.