Christmas Contact with Children in Family Proceedings
Christmas is widely regarded as the most wonderful time of the year, filled with family traditions, festive celebrations, and moments of joy. However, for families going through separation or divorce, the holiday season can bring heightened emotions and complex legal challenges, particularly when it comes to arranging Christmas contact with children.
Lucy Woodward, one of our specialist children law solicitors, explores the difficulties and considerations that arise when making Christmas contact arrangements during family proceedings, and how, if an agreement cannot be reached, the legal system can intervene to prioritise the child’s best interests during such a significant time of year.
The Importance of Maintaining Relationships
During separation or divorce, it is crucial to recognise that maintaining strong, healthy relationships with both parents is typically in the child’s best interests. Children benefit from continued relationships with both parents, even if they are no longer together. This can be particularly difficult during the holiday season when one parent may feel they are missing out on precious time with their child.
Your Options Regarding Christmas Contact With Children
In family law, there are several ways to manage contact arrangements. When parents disagree about contact terms, they may seek a resolution through mediation, negotiations though solicitors, or, in some cases, by making a court application.
The Children Act 1989, which outlines the foundation of family law in England and Wales, establishes that the child’s welfare is the court’s primary concern. When determining Christmas contact arrangements (or other any other contact arrangements), the court assesses the child’s best interests using the welfare checklist, which includes:
- The child’s age and emotional needs
- The parents’ ability to cooperate and communicate effectively
- The child’s established routine and the potential disruption caused by changing arrangements
- The child’s own views, if they are old enough and mature enough to express them
- The history of contact and the quality of the relationship with each parent
The court will also consider whether one parent’s desire for contact is motivated by an intent to alienate the child from the other parent or to make contact difficult. The court’s aim is to make decisions that safeguard the child’s long-term welfare and  regarding significant events such as Christmas, Birthdays, Mothers Day, Fathers Day and the School holidays.
Mediation and Alternative Dispute Resolution
Before issuing court proceedings, parents are encouraged to consider alternative options such as mediation. Mediation should be considered as the first step in attempting to reach an agreement on contact arrangements, including during Christmas.
If mediation is unsuccessful or not appropriate (as it can be in cases of domestic abuse), then the next step will be to involve solicitors. In the courts of England and Wales, court applications can only be made on producing a MIAM certificate from a mediator.
Child Arrangement Orders for Christmas Contact
When the court is required to intervene, it may issue a child arrangement order that specifies how Christmas contact with children (and other contact) will be determined. This may involve alternating Christmas Eve and Christmas Day between parents, or splitting the day to allow both parents time with the child. In some cases, the court may order additional time, such as during the school holiday period, to ensure the child maintains relationships with both parents without feeling rushed or stressed.
Conclusion
Christmas can be a particularly challenging time for families undergoing separation or divorce. The emotional strain of the process or proceedings, combined with the desire to spend quality time with children during the holidays can result in unwanted hostility and stress from both parents.
If you are struggling to reach an agreement on Christmas contact with children, please don’t hesitate to get in touch. We can help resolve these issues, whether for this holiday season or for years to come.
