Christmas Child Arrangements: Plan ahead for a peaceful holiday

Christmas is a special time for families, but for separated parents, agreeing on child arrangements can sometimes be challenging. Disagreements may arise over who spends Christmas Day with your child, how to split the holiday period, and how to balance extended family traditions. The key to a joyful holiday is early planning and open communication.

1. Common Christmas challenges for separated parents

• Splitting time fairly – deciding who has the child on Christmas Day, Boxing Day, and other key dates.
• Managing family expectations – balancing the wishes of both parents and extended families.
• Creating new traditions – finding ways to make the holiday special for your child, even if plans are different from previous years.

2. Practical tips to reach agreement on child arrangements over Christmas

• Start early: Begin discussions well before December to avoid last-minute stress.
• Put it in writing: A parenting plan or written confirmation helps prevent misunderstandings.
• Alternate arrangements: Consider alternating Christmas Day each year, or splitting the holiday period so both parents have quality time.
• Focus on the child: Keep your child’s best interests at the heart of decisions—continuity and stability matter most.
• Be flexible: Sometimes plans need to change; try to accommodate each other where possible.

3. What if you can’t agree? Legal options explained

If you and the other parent can’t reach an agreement, there are legal steps you can take to resolve the situation:

Mediation

Before making a court application, parents are usually expected to attempt mediation. A trained mediator can help both parties communicate and try to reach a compromise. Mediation is often quicker, less stressful, and less expensive than going to court.

Applying to Court

If mediation is unsuccessful or not appropriate, you may apply to the Family Court for a Child Arrangements Order under Section 8 of the Children Act 1989. This order sets out who the child will spend time with and when, including arrangements for special occasions like Christmas.

The process generally involves

• Attending a Mediation Information and Assessment Meeting (MIAM), unless exempt.
• Completing and submitting Form C100 to the Family Court.
• Providing supporting information about your proposed arrangements and any concerns you have.
• The court will consider the child’s welfare as the paramount concern, using the ‘welfare checklist’ set out in the Children Act.

What will the Court consider?

The court’s primary focus is the child’s best interests. It will look at factors such as:

• The child’s wishes and feelings (depending on age and understanding)
• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The capability of each parent to meet the child’s needs
• Any risk of harm

Types of Orders

• Child Arrangements Order: Specifies who the child lives with and spends time with, including holiday periods.
• Specific Issue Order: Used to resolve a particular dispute, such as which parent the child should spend Christmas with.
• Prohibited Steps Order: Prevents a parent from taking a particular action, such as removing the child from school during term time.

Timing

It’s important to act early. The courts are especially busy in the run-up to Christmas, and applications can take several weeks to be heard. Starting the process as soon as it becomes clear that agreement cannot be reached is strongly advised.

4. Final Tips

• Prepare early—don’t wait until December.
• Keep communication respectful and child-focused.
• Remember, the holiday is about making positive memories for your child.
• Seek support if you need it—legal professionals and mediators are there to help.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

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