In some circumstances, families may be able to negotiate child arrangements at Christmas through themselves to work around each parent’s work and commitments. This could mean the child being with one parent one week and being with the other parent the next. It could also involve the children spending Christmas Day with one parent if they were with the other parent last year. Both or either parent may need to organise suitable childcare whilst they are at work, and this is completely okay. It could be that the child is with their grandparents for the day. Each family is different and therefore the process of making child arrangements at Christmas is about making decisions which promote the children’s relationship with each parent during the festive season.

What Happens If Parents Do Not Agree?

Unfortunately, the process of making child arrangements at Christmas may not be as easy as coming to an agreement if both parents have different views. Specialist family solicitors can assist with these negotiations if parties would prefer to make arrangements through a professional individual.

Negotiations can also be made through mediation which should always be considered as an option. Mediation is the process whereby an independent third party meets with both parents, either together or separately, to try and come to an agreement.

If a suitable outcome is reached either through solicitors or mediators, this is great and it does not have to be approved by the Court. It is always preferable for an agreement to be reached if possible as this typically saves time, money and stress. The agreement can be changed by the parties at any time as the arrangement is not legally binding and it will often change as the child gets older to meet their needs, which is perfectly normal.

Applying For A Child Arrangement Order At Christmas

If negotiations made though professionals are not successful, it is possible to apply for a Child Arrangement Order through the Court to decide who a child should live with and spend time with during the festive season. The Child Arrangement Order application may not just apply for the festive season and could apply for future arrangements, whether it be on a short term or long term basis.

In order for an application to be made to the Court, both parties must have considered mediation to see if they can come to an agreement with the help of the independent third person. If mediation has been attended (either on your own or with the child’s other parent) and is not successful in enabling the parents to reach an agreement, the mediator will sign off the required form to allow the application to proceed into Court.

If parties come to an agreement whilst court proceedings are ongoing, then a withdrawal of the application can be made at any time with the permission of the Court.

Get Professional Advice

Families undoubtedly have lots to consider at this time of year and if you are struggling with the process of making child arrangements at Christmas, the expert team of family and child lawyers at Kitson Boyce can help. It is always our aim to help you resolve matters in the most effective way, with the best interests of your child at the heart of any decisions made. We can help you to explore mediation or out-of-court methods, or a Child Arrangement Order if this is the most suitable solution.

To discuss your Child Arrangements at Christmas with a member of our Family & Child team, please get in touch by emailing [email protected] or 01803 202020. Alternatively, you can enter your details in our online contact form and one of our expert Family lawyers will be in touch.