Making arrangements for the children at Christmas

Jenna Atkinson Harrison Drury

As Christmas approaches, the question often comes up in family law as to who is entitled to spend time with the children and when.

It can be difficult for separating families to ensure Christmas remains a special time for the children. Each case is unique, and a child-focused approach is crucial.

There is no specific provision in law for Christmas family arrangements save that child arrangements are governed by the Children Act 1989, section 8. The court will consider a welfare checklist, enshrined in the Act, when considering an application before it.

It is highly recommended that parents firstly try to reach an agreement between themselves to suit their individual circumstances.

If your child is old enough (as a guide, from the age of nine upwards), it is very important that their wishes and feelings are taken into consideration, and this will be given more weight as the child approaches the age of 16.

Court involvement should be a last resort where all other options have been explored and still no agreement has been reached.

The best strategy is to approach the situation as far in advance as possible. The later it is left, the more stressful it will become to resolve the issue.

It is important to open up communication with each other and make realistic suggestions. It is also important to consider the child’s perspective and their wishes and feelings.

Once something has been agreed, it is always vital to follow this up in writing to avoid any future misunderstandings.

If matters cannot be agreed, an alternative form of dispute resolution may be appropriate such as mediation. If all other means have been exhausted then an application to the court may be required to resolve matters so that future arrangements are defined and set out in an order, which will then be legally binding upon both parents.

When the Family Court is asked to make an order in respect of the arrangements for the children, it must not do so unless it would be better for the children than making no order at all. A judge will consider how matters should be resolved to ensure what is in the best interests for the children is determined.

Court lists can be exceptionally busy in December so, if it is clear early resolution of a dispute is unlikely, an early court application should be made.

It is important specialist advice is sought on these issues. If you wish to seek advice regarding Christmas arrangements for your children, or any other family matters, please contact Harrison Drury’s family law team on 01772 258321.

Enjoyed this? Read more from Jenna Atkinson, Harrison Drury

Latest news

1

fulfilmentcrowd reports record-breaking performance LeeThompsonfulfilmentcrowd

fulfilmentcrowd reports record-breaking performance

20 Dec 2024

2

Record year for Grant Thornton Northern deals team The team

Record year for Grant Thornton Northern deals team

20 Dec 2024

3

New partner among family team hires as Brabners strengthens personal offer Cara Nuttall Chris Fairhurst And Hannah Saxe

New partner among family team hires as Brabners strengthens personal offer

20 Dec 2024

4

Amazing Accrington bring in almost £400k in funding to Hyndburn Clayton Boxing Club press.jpg.jpg

Amazing Accrington bring in almost £400k in funding to Hyndburn

19 Dec 2024

5

BAE Systems solar powered aircraft achieves new stratospheric success The flight

BAE Systems solar powered aircraft achieves new stratospheric success

19 Dec 2024

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Tech Connection - January Meet-Up
Nov Preston Tech Connection event banner-4.png.png
LBV Hub Networking
15 Jan 2025 - 15 Jan 2025

Preston Tech Connection - January Meet-Up

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

The Business Network Central & East Lancashire
LBV Hub Networking
16 Jan 2025 - 16 Jan 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

R.I.S.E. and Shine
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
16 Jan 2025 - 16 Jan 2025

R.I.S.E. and Shine

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

08:45 - 11:00

LBV120 Magazine Launch Event
DSC9389
Networking
17 Jan 2025

LBV120 Magazine Launch Event

Lancastrian Suite, Town Hall, Chorley, PR7 1DP

08:30 - 10:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin