01329 822 333
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Christmas arrangements after a separation or divorce can sometimes feel overwhelming and may become a point of contention between former partners.
Ideally, you should try to reach an agreement on when each parent can see the children so that the arrangements are fair and the children know when they will be spending time with both parents.
Common Questions
Can the other parent stop me from seeing my children at Christmas?
Without an agreement in place, disagreements over Christmas arrangements can sometimes result in one parent preventing the other from seeing the children. There is no automatic right for either parent to see a child on special occasions; however, both parents have a right to maintain a relationship with their children. It is advisable to reach an agreement that serves the best interests of the children. If no agreement can be reached, a court order may be required.
What about travelling away on holiday with the children – can this happen if we do not agree?
If neither parent intends to travel abroad and you are not planning to take the children outside of England and Wales, travel arrangements are generally not restricted. However, they may be restricted if there is a risk of harm or danger to the children.
If either parent wishes to travel abroad or outside England and Wales with a child, permission from the other parent – who has parental responsibility – is required.
Can I stop contact at Christmas?
Think very carefully about the reasons why you might want to stop contact at Christmas, especially if the children spend time with the other parent at other points during the year.
Christmas is a special time for children and families, and while it can be tempting to want to keep your child with you over the holiday period, this may not be fair or in your child’s best interests.
The safety and welfare of the child are the most important factors to consider. Contact should only be stopped if a child is at risk of harm. Examples of harm include drug or alcohol misuse, domestic abuse (towards the other parent or the child), involvement in criminal activity, or other safety risks.
If contact is stopped for reasons such as unpaid child maintenance or because it interferes with one parent’s own family plans, this would not be considered acceptable. It would be advisable to seek legal advice and try to agree on arrangements.
How can contact arrangements be agreed over the Christmas period?
This depends on each family’s individual circumstances. Often, parents agree to alternate spending Christmas Day and Boxing Day with the children, switching arrangements the following year. Alternatively, some parents divide the holiday period so that the children spend equal time with both parents.
Some parents who are on good terms may even choose to spend Christmas together with their children (sometimes with new partners). However, if the relationship between the parents is strained, there is no requirement or expectation for them to spend Christmas together – and doing so may not be advisable.
How can an agreement be reached?
It is important to plan Christmas arrangements early to avoid disappointment. Mediation can help parents reach an agreement without involving the court. The Family Court generally requires parties to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless they are exempt.
If an agreement cannot be reached, an application can be made for a Child Arrangements Order, which sets out how the child’s time will be divided between parents at Christmas.
This application is made using form C100 and requires a court fee. However, fee exemptions are available for individuals receiving certain benefits or on a low income, who can apply for help with fees using form EX160.
Before the first hearing, both parties will be contacted by Cafcass, who will gather information about the case and may make interim recommendations.
At the first hearing, the court will consider the relevant factors and determine whether contact is in the child’s best interests. Further hearings may be required, depending on the complexity of the case.
It is always advisable to seek independent legal advice before applying to the court to ensure you have appropriate support from a solicitor throughout your case. Please call us on 01329 822 333
https://www.churchers.co.uk/services-individuals/dissolution-of-civil-partnerships/
