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Clarity is key to ensuring a Joyous Festive Period

Posted by: Iwona Durlak
Posted in: Family and children
Date published: 08/12/2023

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The Importance of clear Child Arrangements Orders at Christmas Time

The festive season is best enjoyed as a time of warmth, laughter, and togetherness, especially for families. Now that Halloween and Fireworks Night are in the rear-view mirror, and as the Christmas period approaches, parents all over England and Wales are eagerly preparing for the festivities, hoping to create beautiful memories for their children.

However, for separated or divorced parents in particular this can be a challenging time, especially if they have not secured a Child Arrangements Order making clear who the children will be spending their time with and when.

Children spending time with their parents during the festive period is an important consideration for the Courts in this jurisdiction and here at IMD Solicitors we have repeatedly had success in securing time for parents around this important holiday period.

Last year our Family Team successfully fought for several clients to ensure that they could spend the time that they desired with their children over the festive period. For example, we had a client (the child’s father) who, despite a Child Arrangements Order being in place sharing the time between the parents and allowing him to travel with the child abroad, was being denied any time with the child during the Christmas period. An urgent application was issued on his behalf, prior to the Christmas holidays, and an urgent hearing was requested. Following cross application from the mother, the court obliged and a Judge ensured that the child spent time with the father as the clear terms of the court order provided because of the importance to the child of spending that special time with him.

In addition to this, the Family Team at IMD also issued an urgent application for a Child Arrangements Order to ensure that a mother was able to spend time with her child over the festive period. The client had been unsuccessful at an earlier hearing considering the abduction of the child and was criticised for unlawfully removing the child from the jurisdiction. Despite this, an urgent hearing was applied for with the aim of securing her some time with the child at Christmas in any event. The Judge at that urgent hearing agreed with the position that the Team argued on the client’s behalf and agreed that it was vitally important for the child to see its mother over the holiday period. At a later date, and despite the court’s earlier finding of an unlawful removal, the Team assisted the client to persuade the court that the child should be permitted to relocate to live with her in Spain.

We regularly emphasize the crucial importance of obtaining clear orders to ensure a harmonious and joyful holiday period for all. Child Arrangements Orders (CAOs) are legal documents issued by the Family Court, specifying how a child’s time will be spent between separated parents. They detail who the child will spend time with during holidays, including Christmas, and they help maintain stability and minimize conflicts during this special time of year.

Here’s why securing a Child Arrangements Order is vital for parents during Christmas:

1. Securing contact: sometimes one parent will prevent the other from seeing the child, CAO’s can require one parent to make the child available to spend time with the other.
2. Clarity and Consistency: A CAO usually provides a clear and structured plan for the holiday period. This clarity helps children know what to expect and reduces uncertainty and anxiety, allowing them to enjoy the festive season without worrying about their parents’ disagreements.
3. Prioritizing the Child’s Best Interests: The court’s primary consideration when making a CAO is the child’s best interests. By securing a CAO, parents demonstrate their commitment to putting their children first, which is essential for healthy co-parenting relationships.
4. Minimizing Conflict: The holiday season can be a stressful time, and disagreements between separated parents can escalate. A Child Arrangements Order can help mitigate conflicts, as it outlines the responsibilities and expectations of each parent, reducing the likelihood of disputes.
5. Promoting Equal Parenting: CAOs often aim to ensure both parents have an opportunity to spend quality time with their children, including special occasions like Christmas. This promotes a balanced relationship between both parents, which is beneficial for the child’s emotional well-being.
6. Legal Protection: Having a CAO in place provides legal protection. If one parent violates the order, the other parent can seek enforcement through the courts, ensuring that the agreed-upon arrangements are upheld.
7. Consistency Over the Years: A well-structured CAO can set a precedent for future Christmases, making it easier for both parents to plan and ensure their children have memorable, consistent holiday experiences year after year.
8. Peace of Mind: By securing a CAO, parents can enjoy the holiday season with peace of mind, knowing that they have a legally binding agreement in place, and that the child’s best interests are protected.

Most parents want to spend time with their children and to ensure that it is a joyous time. Trying to make sure that children can enjoy it without undue stress and confusion is a shared responsibility. Securing a Child Arrangements Order can help divorced or separated parents create a peaceful, harmonious holiday season for their children, allowing them to savour the true spirit of this time of year and build lasting memories.

Child Arrangements Orders are not just pieces of paper; they are the keys to unlocking a joyous and memorable holiday time for your children. By prioritizing their best interests and planning ahead, you can ensure a holiday season filled with love, laughter, and cherished moments.

Acting as quickly as possible is always advisable and if you want to take steps in securing the time that the children will spend with you or the other parent this Christmas then do not wait until the last minute. Time is of the essence and the Team at IMD are here to help with every step of the process. Please do get in touch as soon as possible.

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.