Advice Centre

Arrangements for Child Contact Over Christmas

Posted by: James Legg
Posted in: Divorce, Family and children
Date published: 14/10/2024

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In Family Law, one of the most challenging times of year for separated parents can be the Christmas holiday period. This time, often loaded with high emotions and expectations, often necessitates clear and fair arrangements for the children to ensure that they can simply enjoy the festive season without the stress of uncertainty or conflict between their parents.

Background

As families prepare for the holiday season, it is often advisable for parents to address the child arrangements well in advance. This preparation helps avoid last-minute conflicts and ensures that the children, who are at the center of these discussions, have clarity about how and where they will spend their time. Without early intervention and clear arrangements, the risk of disputes increases, which can negatively impact both parents and children.

Many parents assume that they will be able to resolve these issues informally, but this is not always the case. When agreements cannot be reached, it becomes essential to consider the available legal routes, such as mediation or court applications, to formalise the arrangements. This process ensures that children have the opportunity to spend time with both parents in a manner that prioritises their welfare and minimises disruption to their lives. Given the delays facing the Family Court, it is even more important to try to have arrangements agreed early so that the Court has time to intervene where necessary

Steps to Securing Arrangements

• Initiating Discussions: The first and most important step for parents is to open discussions regarding Christmas contact arrangements. In many cases, it is preferable to have these discussions in writing, as this provides clarity and a record of what has been agreed upon. If both parents can agree on arrangements without the need for formal intervention, this is ideal and is usually in the children’s best interests. Such an agreement should be documented, and if possible, legally formalized.

• Mediation as an Alternative: In cases where parents are unable to reach an agreement, mediation can be an effective way to resolve disputes. The current legal landscape in England and Wales, strongly encourages the use of mediation before resorting to court action. This is not only cost-effective but can also lead to a more amicable resolution. Under a government scheme, parents may even be entitled to vouchers to assist with the cost of mediation sessions, making this an attractive option for many.

Mediation provides a neutral environment where both parents can express their concerns and preferences, with the guidance of a professional mediator to help them reach a mutually beneficial arrangement. It is important to note that any agreements reached through mediation can be formalized into a binding agreement, ensuring that both parties adhere to the terms.

• Applying to Court: If mediation does not result in an agreement, or one party is unwilling to participate, the only remaining option may be to make an application to the Family Court. Given the significant delays, parents looking to formalise Christmas contact arrangements must act swiftly to ensure their case is heard in time.

When applying to court, the primary consideration for the judge will be the welfare of the children involved. The Court’s focus will be on ensuring that the children’s best interests are served, and that they maintain meaningful relationships with both parents, provided it is safe and practical to do so. The court often aims for arrangements that allow both parents to spend time with their children during key holiday periods such as Christmas.

• Role of CAFCASS: Once a court application has been filed, the Children and Family Court Advisory and Support Service (CAFCASS) will likely become involved in the case. Their role is to ensure that no safeguarding issues are present and to provide recommendations to the court regarding the child’s best interests. This could include recommending shared contact over the Christmas period or suggesting a more tailored arrangement based on the family’s circumstances.

In the absence of any significant welfare concerns, the court is inclined to support shared contact over the holiday period, recognising the importance of children having time with both parents during festive occasions.

Practical Insights and Legal Considerations

• Timeliness: Parents should aim to start discussions or court proceedings as early as possible, particularly given the current delays in the Family Court system. This will give them the best chance of having an arrangement in place before Christmas.

• Documentation: An agreement reached outside of court is generally preferable and cost effective. Any agreement reached, whether informally or through mediation, should be clearly documented. If the agreement is made through a court order, it becomes legally binding and enforceable.

• Welfare of the Child: Throughout the process, the welfare of the child will remain the central focus. Both parents are encouraged to prioritise minimising the stress and disruption to their child’s routine, particularly during such a special time as Christmas.

• Legal Support: It is highly recommended that parents seek legal advice at an early stage. Having experienced legal support ensures that parents are well-informed and prepared at every step.

Conclusion

Securing child contact arrangements for Christmas is an important aspect of co-parenting for separated parents. While informal agreements are preferable, mediation and court action may be necessary in some cases. Acting early, keeping the child’s welfare at the forefront, and seeking professional legal advice are all key steps to ensuring a smooth and enjoyable Christmas period for all involved.

At IMD Solicitors LLP, we offer comprehensive support throughout this process, from negotiation, mediation referrals to court applications. With our extensive experience in Family Law, we regularly help parents secure contact arrangements that are fair, practical, and most importantly, in the best interests of their children.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International Children matters and contact disputes section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.