As the festive season approaches, separated parents often start to think about where their children will spend Christmas. For many families, this can be a particularly sensitive and emotional topic.
As the festive season approaches, separated parents often start to think about where their children will spend Christmas. For many families, this can be a particularly sensitive and emotional topic.
While everyone wants Christmas to be special, disagreements about contact arrangements can quickly turn what should be a joyful time into a stressful one.
Elizabeth Jeffery explains the importance of legal advice when making arrangements early to keep the festive season as happy as it can be.
The challenge of Christmas contact
Every family’s situation is different. For some, alternating Christmas Day each year works well. For others, sharing the day – perhaps Christmas morning with one parent and the afternoon with the other – is best. But when communication has broken down, even small details like handover times or travel arrangements can become sources of conflict.
Unfortunately, the courts see a rise in applications relating to child arrangements every December, often because parents leave discussions too late. By that point, court lists are busy, emotions are running high, and options are limited.
Why legal advice matters
Seeking early legal advice can make a huge difference. A family solicitor can:
- Help you understand your rights and responsibilities under existing orders or agreements.
- Provide realistic guidance on what arrangements a court would consider fair and, in the child’s best interests.
- Assist in negotiations or mediation, helping parents reach an agreement without the need for court intervention.
- Act quickly if court involvement becomes necessary, for example, if there are safeguarding concerns or one parent refuses to cooperate.
By speaking to a solicitor early, you can avoid last-minute panic and ensure that the arrangements are both fair and workable. Legal advice isn’t about escalating conflict or making things more formal; it’s about reducing uncertainty and keeping the focus on the children’s wellbeing whilst finding practical solutions that work for you.
Keeping the focus on the children
It’s easy for emotions to run high when discussing Christmas contact, but the courts and family solicitors will always prioritise the best interests of the child. That often means promoting stability, ensuring both parents have meaningful time with their children, and avoiding arrangements that create unnecessary tension at a time that is supposed to be full of happiness.
Parents are encouraged to:
- Start conversations about Christmas contact as early as possible.
- Be flexible and child-focused – an agreement reached with some compromise by both parties will have a better chance of working out for all
- Put agreements in writing to prevent misunderstandings later.
When you might need to go to court
If all efforts to reach an agreement fail, you may need to apply to the Family Court for a Child Arrangements Order. This should be a last resort, but sometimes it’s necessary, particularly where there are safeguarding concerns or communication has broken down completely.
A solicitor can advise whether court action is appropriate and help you prepare your case effectively.
How our team can help
At Morecrofts, our family law team understand how important Christmas is for families especially for children. We work sensitively and proactively to help parents reach fair, child-focused arrangements.
If you’re unsure about your rights or struggling to agree on Christmas contact, don’t wait until December. We’re here to help make this Christmas a little less stressful for everyone, contact our family law team today for expert legal advice and support on 0151 236 8871.