Children Arrangements During Annual Holidays

The contents of the shops are a timely reminder that the Christmas and New Year holidays are fast approaching. 

Christmas will not be an important festival for all families, but the rules apply equally to important festivals for other religions and secular occasions such as birthdays, Mother’s Day and Father’s Day.

Holiday contact arrangements for children can be a challenging issue. The arrangements regarding how a child/ren are to spend time with each parent remains a common area of dispute between separated parents.

It is usually their shared desire to spend this special time with their child(ren) and respective families, which fuels the conflict. 

For these reasons and many others, compromise must be exercised by both parents. 

How the Children Act 1989 Impacts You

At BBS Law we encourage amicable agreements that focus on the child’s best interests.

If you have already been through contested proceedings under the Children Act 1989, we would aim to cover the arrangements for each occasion that is special and important to the particular family, in the order arising from those proceedings in order to avoid future conflict.

The Children Act 1989 shapes how our courts approach visiting rights during important times, such as Christmas, by prioritising a child’s well-being above all. This legislation ensures that decisions regarding holiday arrangements are made with the child’s welfare at the forefront. 

When a court considers Christmas visitation, it seeks to provide a stable, positive environment for the child, recognising the significance of family traditions and the emotional importance of the holiday season.

Under the Act, the court considers a range of factors known as the “welfare checklist,” which helps to assess the child’s needs and the parents’ circumstances. This might include the child’s age, emotional well-being, and relationship with each parent. 

By focusing on these considerations, the court aims to create arrangements that allow the child to spend time with both parents in a balanced way over the holiday period, when appropriate.

If a parent wishes to make specific Christmas arrangements and cannot reach an agreement with the other parent, they may apply for a child arrangements order under the Children Act. This order can outline specific details for Christmas visitation, including pick-up times, length of stay, and other relevant logistics.

Our Encouragement for Parents Dealing with Children Arrangements

We would encourage parents to communicate early about the plans for special holidays to avoid last-minute disputes.

It is important to enter these communications in a spirit of compromise. When arranging child arrangement and contact during the holidays, it’s essential to consider the child’s routine, their wishes (depending on their age), and the logistics of travel, especially if one parent lives far away.

 Ideally, both parents should aim to split the holiday period in a way that allows the child to enjoy time with both families.

For Christmas, common arrangements include alternating Christmas Day and Boxing Day between parents, or alternating the Christmas period and New Year period or splitting the school holiday weeks. It may be that one parent adheres to certain holidays more than the other and so a trade-off can be offered. 

What to Do If You Cannot Come to a Decision

If parents are unable to agree, it is essential that they allow themselves time to attempt Non- Court Dispute Resolution methods, such as mediation, prior to incurring the stress, costs and delay occasioned by contested court proceedings.

As a last resort you may make an application to the court, for the court to determine the issue. 

The realities of the overstretched court system mean that it is unlikely that an application will be listed for even a preliminary hearing if you do not make your application at least three or four months before the special holiday in dispute.

The court will base its decision on what is in the best interests of the child/ren, following the welfare principle under the Children Act 1989. Factors considered include the child’s emotional needs, the parents’ ability to cooperate, and the continuity of relationships.

It’s important to remember that the court is unlikely to intervene unless all other options have been exhausted. Mediation is often the recommended first step, offering a neutral environment to negotiate terms without the stress and costs of litigation.

Mediation can also take place more quickly than court proceedings.

Help with Family Law & Child Arrangements

For legal advice on child arrangements and contact arrangements, seeking help early can alleviate stress, ensure that agreements are in place, and help create a joyful holiday season for everyone involved. 

We are specialist family law solicitors and mediators who can assist in either creating a structured agreement that promotes the child’s well-being while ensuring that the views of both parents are respected, or pursuing an application at court as a last resort.

For further information regarding the options available, please contact Elaine Ioannou at [email protected]