Child Arrangements at Christmas for Separated Families

Arrangements to spend time with your children at Christmas

For many families Christmas is a special time of year, and if you no longer live together as a family unit, ensuring you spend time with your children at this time of year is often a parent’s main priority.

When it comes to spending time with your children, we cannot stress the importance of planning for the Christmas period as early as possible.

Whilst you may have an idea of what you want to happen, you must always remember this is a special time of the year for the children too and depending on their ages they may have their own wishes and feelings about where they want to spend Christmas. The main thing is that any arrangements are made in the children’s best interests.

How can arrangements be agreed?

It is always best to first speak with the other parent to try and agree arrangements. Try to focus on this one issue and leave any others to one side. It would be sensible to record any agreements in writing, whether that be by text message, email or within a parenting app so that you both have a copy.  

Who are CAFCASS?

CAFCASS represent the interests of children and young people in the family court. They independently advise the family courts about what is safe for children and in their best interests focussing on their needs, wishes and feeling and making sure that children’s voices are heard and are at the heart of the family court’s thinking and decision making. 

Helpful guidance and help and support can also be obtained on the CAFCASS website.  
https://www.cafcass.gov.uk/parent-carer-or-family-member/information-and-resources-parents

What if arrangements cannot be agreed?

If arrangements cannot be agreed, then if it is appropriate in your circumstances, you should attend family mediation for a Mediation Information Assessment Meeting (MIAM). An independent and impartial third party can help you discuss the issues and possibly help you reach an amicable solution.

However, if neither of these options are successful, then you may want to instruct a legal representative to write to the other parent as one last attempt to keep matters out of court. If this does not result in the desired outcome however, then a court application to determine this issue may be necessary.

Do I have to go to mediation before issuing a court application?

Please note it is now mandatory to attend a MIAM (unless you meet certain exemption criteria) and obtain a certificate confirming your attendance (or exemption) before you can make an application to the court. An application to court should be the final course of action and the process of applying to court can take several weeks to complete. Once an application has been made to the court, there will be a series of gate-keeping and allocation appointments, and depending on the complexity of the issues which are raised the matter could be resolved at the first hearing or could take several hearings.

Jordans Solicitors’ Family Law team – here to support you

Remember if you don’t receive the outcome you would like this year, there will be other years and opportunities to spend time together which can be just as special. Whatever the arrangements your children will remember spending time with you and what you did, not what day this took place.