For most families, Christmas is a joyous time as they get together to enjoy the festive period. This is not the case for many divorced and separated families who may find the festive period stressful as they need to decide who will have the children and when. With merely a month left until Christmas day, it is important for separated parents to plan ahead and agree on how their children will spend time with each parent during the holidays.
Is there an existing Child Arrangements Order in place?
Many separated parents can amicably agree child arrangements without the need for court intervention, however it is not uncommon for parents to rely on the courts judgment to finalise an agreement.
If there is an existing Child Arrangements Order in place i.e. an order made by the court detailing the arrangements for the children, it may already include a provision regarding how much time each parent spends with the child(ren) over the Christmas period. A Child Arrangements Order may state which parent is to have the child(ren) over the key dates such as Christmas Eve, Christmas Day, and Boxing Day. Ordinarily and where appropriate, parents will be able to alternate time spent with their children on special occasions. The court recognises that each parent should have the opportunity to share the special period with their child(ren). Therefore, separated parents should start by considering whether there is an existing Child Arrangements Order in place and if so, parents must comply with the order unless they are able to reach an alternative agreement between themselves.
Where there is not an existing order in place?
In circumstances where there is not an existing Child Arrangements Order in place or in the rare situation that special occasions are not covered within the order, it is unlikely that the court will be able to consider an application in time for the forthcoming Christmas unless the matter is deemed ‘urgent’. Applications will only be considered urgent if there is an imminent risk to the child(ren) concerned and therefore the court is required to act with immediate effect to prevent harm.
Otherwise, on average, it can take up to 5 weeks after the non-urgent application is received by the court for the first hearing to be listed and even at this hearing, an order will not be made unless safeguarding checks are complete and the parents agree the arrangements. It is therefore sensible for parents to consider other means such as mediation which may help them plan arrangements in time without the involvement of the courts. Mediation is a cost-effective process by which families can resolve disputes and consider arrangements for children with the help of mediator. All parents are required to have undertaken mediation before issuing an application to Court unless an exemption applies as parents are encouraged to only bring disputes to court where necessary.
If an agreement still cannot be reached through mediation, solicitor-led negotiations is also an option for parents to consider. This allows instructed solicitors to negotiate and discuss possible arrangements on behalf of their clients which ensures that parents are not in direct contact throughout the process.
Hopefully this short blog can provide some guidance to separated parents in similar situations and disputes regarding child arrangements over Christmas. However, if you are a separated parent who requires assistance and advice on child arrangements during Christmas or other family law issues, contact us today to speak to one of our experienced family law team. Call our family helpline on 08000 147720 or send us an email to book a free 30-minute information consultation.