Many separated couples have very different ideas about how they would like to organise their Christmas arrangements between the children. Parents want to enjoy the magic of Christmas with their children, especially while they are young. It is important for separated parents to really consider how they will split Christmas as early as possible, so that they can organise their own holiday plans, and avoid conflict where possible.
There are a few arrangements that parents could consider in terms of how to celebrate Christmas with their children, as follows:
1. Splitting Christmas Day
Most parents want to spend Christmas Day with their children. One option is to arrange time such that a child spends Christmas Eve to the middle of Christmas Day with one parent, and then from the afternoon of Christmas Day to Boxing Day with the other parent.
A benefit of this arrangement is that the child gets to spend Christmas Day with both of their parents, and extended families. However, some parents do not have such an amicable relationship and decide that seeing their ex-partner on the day would be too stressful, or perhaps too tiring for the children. In those circumstances they can consider other arrangements as set out below.
2. Alternating Christmas Day
Some parents decide that they will forgo spending Christmas Day with their children every year, and instead spend alternating Christmases. This could mean that a child spends time with one parent from 24 December to Boxing Day with one parent, and with the other parent the next year and so on.
3. Alternating weeks
Other parents decide that they want the option to travel for Christmas Day, and will agree to a week of time, or longer, around Christmas to enable travel to occur each alternating year.
It is important to remember that when you are considering parenting arrangements around Christmas, it should be about the traditions and quality of time you spend with your children and not necessary principled about spending time with them on 25 December each year.
Time to file an application in Court for Christmas arrangements in any given year is the second Friday of November. This year it has already passed.
If you do not file an application with the Court by that date, you are unlikely to get any hearing (or a decision) from the Court in time for Christmas. If you do not have the arrangements settled for Christmas time this year, you should consider attending an urgent mediation to discuss the arrangements with your ex-partner.
If you would like specialist family law advice about parenting arrangements at Christmas, please contact Robinson + McGuinness today to arrange an appointment on (02) 62257040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.
Author: Catherine Finucane, Associate