Can I See My Children At Christmas?

Claudia Price, one of our Family Law Solicitors, addresses the difficulties that separated parents face at Christmas and offers guidance on reaching an agreement.

Christmas is supposed to be an exciting time for families, but sometimes, it’s quite the opposite. Many separated parents face the annual struggle of attempting to agree the arrangements for the children over the festive period. We receive many new enquiries in the run up to the Christmas from worried parents who are concerned about spending Christmas without their children.

It’s important that the arrangements are discussed at the earliest opportunity. That way, plans can be made and the children can write to Santa to let him know where they will be. It is also important to leave plenty of time, should discussions take longer than anticipated.

It’s entirely understandable that both parents want to spend time with their children on Christmas Day. However, try to remember that any arrangements should be made with the children’s best interests in mind. Many families enjoy alternate Christmas’ or a shared Christmas (whereby the children may spend the morning with one parent and the afternoon with the other). It all depends on what is best for the children.

Sorting out the arrangements can be a lengthy process. If parents are unable to agree, an application to the Court may be the last resort.

What options are available to me?

If you’re currently trying to negotiate Christmas plans for your children, we recommend that you:

1. Try communication

Communication between parents is key whether this be face to face, via telephone, text message or even email. Being able to reach an agreement between parents promotes positive co-parenting and can save both parents time and stress! However, it is important that the children are not privy to any discussions.

2. Attend mediation

If direct communication between parents breaks down, mediation should be the next step. A mediator can guide discussions and provide sensible suggestions.

3. Consult a solicitor

If parents are unable to reach agreement, you may want to speak to a solicitor. Here at Aticus Law, we advise clients on their individual circumstances and consider the practical arrangements as well as the emotional impact.

It is vital that the arrangements are fair and in the best interests of the children. This is the approach the Court will take, should an application need to be issued. 

4. Apply to the Court for a Child Arrangement Order

This is usually the last resort for most parents, as taking action through the courts means lengthy delays and more legal fees. Unfortunately, in some cases, Children Act proceedings are the only option.

Advice for Parents

• Plan early
• Be flexible
• Think of the children’s best interests
• Compromise

Speak to our Family Law Solicitors

Addressing arrangements over the Christmas period can sometimes be one of many issues that are bubbling on the surface. Our experts will be happy to discuss your circumstances with you ahead of the festive period in the hope of reaching an amicable agreement with your former partner. Call us today!