Christmas child arrangements for separated parents

With the Christmas holidays upon us, many parents are busy planning festive activities, whether that involves a trip abroad or local outings for the children. However, for separated parents, these arrangements can be a source of tension, and reaching an agreement is not always easy.

Importance of mutual agreement

It is always encouraged that separated parents agree on how their children will spend time with each parent. If reaching an agreement proves difficult, mediation is a helpful alternative. Court proceedings should be seen as a last resort, as they can be expensive and stressful. The courts generally prefer parents to make decisions about their children’s arrangements, as they are considered the best people to do so.

Legal presumption of parental involvement

There is a presumption in law that both parents should be involved in their child’s upbringing. It is rare for a court to exclude one parent from their child’s life, and parents attempting to do so will not receive support from the courts. It’s essential to remember that time spent with each parent is the child’s right, not the parents’, and this should be a key consideration when making holiday arrangements.

Taking children abroad

If a parent is planning a trip abroad, it’s important to know that unless there is a child arrangements ‘lives with’ order (previously known as a residence order) in place, a parent cannot take the child out of the country without written consent from all individuals with parental responsibility. If the other parent refuses to give consent, an application to the court may be necessary through a Specific Issue Order.

Mediation and court applications

If it becomes necessary to apply for a child arrangements order or a specific issue order, the parent must first satisfy a mediation requirement by attending a Mediation Information Assessment Meeting (MIAM). This meeting determines whether mediation is suitable. Exceptions exist, such as when the matter is urgent, there is a risk to the child, or welfare concerns make mediation inappropriate.

f you are facing difficulties in making arrangements for your children during the holidays or need advice on any family law matters, our experienced family law solicitors are here to help. Contact us today for guidance and support tailored to your situation.