Child Arrangements over the Christmas Holidays

The run up to the festive season can be stressful for parents who have not decided on arrangements for their children. This is because the Christmas holidays depart from a term time routine, and also normal working patterns for parents.

How a Child Arrangement Order Can Help

Sometimes, child arrangements are clearly set out in a Child Arrangements Order which must then be followed by accordingly by the parents. The Order sets out arrangements for how the child or children spend their time or live with each parent and often include specific arrangements over the Christmas break.

When those arrangements are not set out in an order, then parents must agree between them; there are no set rules to determine these arrangements by default, so arrangements are best made a good time in advance.

This is particularly important if trips are being planned away and abroad, or plans are being made to see extended family. Ultimately, keeping the other parent informed of holidays helps maintain a positive co-parenting relationship.

Rules on Taking Children Abroad Over Christmas

Taking children abroad whether it is christmas or not normally requires consent of the other parent and it is sensible to get written consent first before booking the holiday and paying for flights.

Some countries require written evidence of such consent at the airport. In some circumstances, taking children abroad without the consent of the other parent is child abduction, which is a criminal offence.

An Example of Children Care Christmas Schedule

Although there is no set formula, typical arrangements could involve spending Christmas Day with one parent and Boxing Day with the other: or Christmas Day and Boxing Day with one parent and then New Year’s Eve and New Year’s Day with the other.

These may be alternated on a year-by-year basis. Sometimes Christmas Day itself is split so that the children wake up in one household to receive their gifts and go to the other parent to enjoy the Christmas lunch, with the attendance of religious services also to be agreed.

This works best if the parents live relatively close to each other geographically. It can sometimes be better for the parents to alternate the entire Christmas holiday period (i.e. Christmas Eve to New Year’s Day) where this is logistically more sensible, for example.

It is important for both parents to remain open minded, flexible and find arrangements that work practically for them as well as the children.

Also, in certain circumstances, arrangement may need to be changed if a child is sick for example, in which case video or phone calls should still be arranged if the other parent is unable to spend time face to face with the children.

Good clear and courteous communications are key to agreeing arrangements, and may often be in writing to avoid misunderstandings or confusion.

This can be done by email, or parenting apps that encourage the removal of emotive language. It is also important to think about the longer term particularly for younger children as there will be plenty of Christmases for each parent to enjoy with them in the future.

Does the Child Have a Role in Arrangements?

While it is important for children to have their voice heard, they should not be asked to decide which parent they prefer to spend their holidays with.

Remaining flexible and amicable reduces the difficulties that can arise if the arrangements made are not respected. Most situations can be sensibly resolved by reaching sensible compromises.

If the arrangements cannot be agreed by way of direct discussions, then a specialist family law solicitor may be consulted who may assist with further negotiations.

Alternatively, a mediator as an impartial third party may be able to assist in facilitating an agreement outside of court.

What to Do If You Think Your Child Isn’t Safe Over Christmas

If there are safeguarding concerns such as abusive behaviour towards the child or the other parent; drug or alcohol misuse; or criminal activity, which are raised for the first time, then it may not then be possible to agree or order Christmas holidays until those concerns have been dealt with.

In that situation, the children should normally stay with the parent they are living with if the other parent gives rise to the safeguarding concerns.

We are able to offer a full range of out of court processes, including mediation and solicitor negotiation, as well as assist you if court is the only option.

If you have any questions or concerns about arrangements to be made for the children over the Christmas holidays, please do not hesitate to contact a member of the BBS Law Family Team.

Frequently Asked Questions

How Does Christmas Work with Split Parents?

Christmas can be a sensitive time for families with separated parents. Ideally, arrangements are made in advance through a child arrangements order or mutual agreement to establish a fair schedule that allows both parents to spend meaningful time with their child during the holiday season.

Some families alternate Christmas each year, while others split the day, giving each parent time with the child. If the arrangements are part of a legal order, it’s important to follow these terms. Otherwise, parents are encouraged to work together to make the holiday enjoyable and stress-free for the child.

Can My Ex Stop Me from Seeing My Child at Christmas?

If you have a child arrangements order in place that specifies holiday visitation, your ex-partner cannot legally prevent you from seeing your child on Christmas, provided the schedule grants you time with them.

However, if no formal arrangement is in place, disputes may arise. In these cases, it’s best to negotiate directly, perhaps with the support of a mediator, to come to an amicable solution.

Can I Take My Child on Holiday with a Child Arrangement Order?

Yes, you can generally take your child on holiday if you have a child arrangements order and permission to do so, but there are a few conditions.

If the holiday is within the UK, you’re usually free to travel without needing extra permissions, provided it doesn’t interfere with the scheduled arrangements. For holidays abroad, you will typically need the consent of everyone with parental responsibility, even if you have a child arrangements order. Without this consent, you may need to apply for permission from the court to avoid potential legal issues when travelling.