Child Law: Avoid Conflict Over Christmas Contact
Christmas contact arrangements
Trying to make arrangements for the children over Christmas can cause a lot of conflict for parents, especially if both want the children with them on Christmas Day.
How best to share the Christmas Period?
There is no one size fits all as every family is different. Some people are of the view that it is better for children to spend one week with their Mum and the other with their Dad, some view that the arrangements should be made day-to-day, or even a sharing of Christmas day.
The Children’s best interests
What every parent should consider is what is in "the best interests of the children". Some parents, whilst they would both like to see the children on Christmas day, believe that for their children it is better not to share Christmas day as this means unsettling the children on the day and them moving between homes, therefore the alternative of rotating Christmas day each year for them is a more child focused approach.
For other parents, where the children may be older and want to share their Christmas day with both parents an alternating yearly approach is not the best option.
At Lawson West Solicitors we will always discus with you the possible options and impact on the children of each. We will guide you on what the Court will be focused on if they need to make the decision for you. What is appropriate, or reasonable, will vary from case to case, and will depend on the individual circumstances.
We have tried to agree but we can’t?
If you are unable to agree the arrangements for Christmas make a referral to mediation and seek legal advice. Mediation may help both parents discuss arrangements which they have been unable to do alone. If this is not the case, the mediator will be able to provide the necessary form to enable an application to be made to the Court.
Legal advice alongside mediation can be extremely helpful. Understanding the Courts approach, your options and what steps can be taken to ensure the arrangements agreed are protected for future years (especially if you will be having Christmas day the following year and you are concerned the other party may backtrack the following year) will enable you to enter into mediation feeling supported, knowledgeable of your options and what you want to achieve from the process.
Do Not Delay
Christmas is now fast approaching and negotiations, taking advice and if necessary an application to the Court can take a lot of time. If you think you will have problems making arrangements for Christmas raise the question now and take advice.
If we agree can we have a legally binding agreement
If you reach an agreement which includes arrangements for subsequent years and you want to make sure you are able to rely on that agreement in the future, we can prepare a Consent Order for you which can be submitted to the Court for approval.
At Lawson-West we have an experienced team available to advise you of your options. We have 100 years of experience between us and five qualified family law solicitors.
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