04 December 2024
However, with open communication and a willingness to compromise, you can make this time special for everyone involved. Here are some tips for agreeing on Christmas contact arrangements after divorce:
1. Start Early: Begin discussing Christmas plans well in advance to allow for flexibility and to ensure that both parents have ample time to plan.
2. Put Children First: Remember that the focus should be on what is best for the children. Consider their needs and desires when making decisions about Christmas contact.
3. Be Flexible: Stay open to compromise and be willing to adjust plans if necessary. Flexibility from both parties can help alleviate tension and create a smoother festive season.
4. Communicate Effectively: Keep the lines of communication open and respectful. Clearly express your thoughts and concerns while actively listening to the other parent's perspective.
5. Create a Schedule: Work together to create a detailed Christmas contact schedule that includes specific dates, times, and locations for pick-ups and drop-offs. Having a plan in place can help prevent misunderstandings and conflicts.
6. Consider Alternating Years: If possible, consider alternating Christmas celebrations each year to give both parents an opportunity to create special holiday memories with their children.
7. Seek Mediation: If you're struggling to reach an agreement, consider seeking the help of a professional mediator who can facilitate productive discussions and assist in finding common ground.
What should I do if my ex-partner wants to take our children on a holiday?
During Christmas, some parents plan long-distance trips with their children. The rules vary depending on the destination.
If the family resides in England or Wales and the travel is within these areas, there are no restrictions. Unless there is a risk to the children, stopping such trips is unlikely.
In case your ex intends to take the children out of England or Wales, they need your permission if you have legal parental responsibility.
However, if a child arrangement order designates your ex as the main caregiver, they can take the kids abroad for up to 28 days without seeking consent from other parents with parental responsibility. To avoid conflicts and inconveniences, it's advisable for parents to communicate with their ex-partners before planning holiday trips with children.
Is It Possible to Prevent Child Contact During Christmas? What Reasons Are Considered Legitimate?
There may be various motivations behind wanting to have exclusive time with your children during the festive season, but not all reasons would hold up in a legal setting.
The primary concern for the Courts is the safety and welfare of the children, and they are likely to approve withholding contact from the other parent under the following circumstances:
- Displaying abusive behaviour towards you or the children
- Substance abuse issues involving drugs or alcohol
- Involvement in criminal activities
- Presenting a safety risk to the child/children in any way
However, the Courts are unlikely to support stopping child contact for reasons such as:
- Failing to meet child maintenance responsibilities
- Lack of regular involvement in the children's lives
- Personal disputes or grievances between parents
If you believe that limited or no contact with your former partner is in the children's best interests during Christmas or at any other time, seeking legal guidance is advisable.
How to Request a Court Order
Before taking your case to Court, attending a Mediation Information and Assessment Meeting is typically required by the Family Courts (with exemptions available).
The application for a Court order involves filling out the C100 form and paying a £255 fee. Subsequently, you will be contacted by the Children and Family Court Advisory and Support Service (Cafcass) before the initial hearing.
During the first hearing, the Court will review all pertinent information, including input from Cafcass, to determine whether it is in the child or children's best interests to permit contact or interim contact while issues are being addressed. Additional hearings may be scheduled depending on the concerns raised.
It is strongly recommended to seek legal advice early on, especially at the initial hearing, to ensure thorough consideration of all aspects and concerns, as directions are typically provided by the Court regarding case management at this stage.
Having the assistance of a solicitor throughout the application process and Court proceedings is also advisable for a clearer understanding and smoother navigation of the legal procedures involved.
Remember that the most important thing is to prioritise the well-being and happiness of your children during the holiday season. By approaching Christmas contact arrangements with patience, understanding, and a willingness to cooperate, you can create a positive and memorable experience for your family.
We advise on all aspects of family law including divorce and children. If you have any queries regarding this, you can find out more by visiting our Family and Children Law department page, or contact us here.
