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Navigating Christmas contact issues from a legal perspective

Christmas should be a magical time for families, but for separated parents, it often becomes a period of stress and anxiety, especially when it comes to child contact arrangements.

As family law solicitors, we see the same issues year after year – concerns over who gets to spend Christmas Day with the children, disagreements about time spent during the holidays, and, unfortunately, the last-minute disputes that leave parents scrambling.

If you are worried about contact over Christmas, it is important to understand your legal rights and options.

The importance of a contact agreement

The law surrounding children is primarily concerned with the welfare of the child – as it should be.

If you are worried about Christmas contact, the first thing to consider is whether you have a formal agreement in place.

If not, now is the time to act – ideally, contact arrangements should be agreed upon well in advance.

Elaine Collins, our resident Family Law expert says: “Many of our clients assume they can put off making arrangements until the last minute; this is often a recipe for unnecessary stress.

“If you have not already done so, try to sit down with your ex-partner and work out a schedule that is fair for both of you and, most importantly, beneficial for the child.”

If reaching an agreement is not possible, mediation can help.

It is a less confrontational way to sort out contact issues and could save you from escalating matters to court.

What if we cannot agree?

Should discussions break down, or if mediation fails, you might need to consider applying for a Child Arrangements Order.

“The Court can make legally binding decisions about where your child will spend Christmas, taking into account what is in their best interests,” says Elaine.

“It is crucial to remember that the Court’s priority will always be the child’s welfare, not the convenience of the parents.”

This means the Court might not always divide the holiday period exactly in half but will instead focus on what is best for the child.

Timing is key

One thing we cannot stress enough is that timing matters.

The Courts tend to get busier in the lead-up to Christmas, and it can take weeks to get a hearing.

If you are worried that contact issues may arise, act now.

Delaying could mean running out of time to sort things legally, leaving you with no resolution when Christmas arrives.

Do not leave it until the last minute.

What the courts will consider

In making a decision, the Court will look at a range of factors under the Children Act 1989, specifically the welfare checklist.

This includes the child’s wishes and feelings (depending on their age and maturity), their physical, emotional and educational needs, and the likely effect of any changes in circumstances.

It is also worth bearing in mind that the Courts do not have a one-size-fits-all approach to Christmas contact.

Elaine says: “The arrangements may vary depending on your circumstances.

“For example, some families alternate Christmas Day each year, while others agree that one parent has the child for Christmas Eve and Christmas morning, and the other parent takes over for Christmas dinner and Boxing Day.”

As a parent, it is natural to feel strongly about spending Christmas with your children but try to remember that the holiday should be about them, not the adults.

It can be hard to accept that you might not spend Christmas Day with your child, but sharing the holiday period in a way that works for everyone is important for maintaining stability and routine for your child.

“The Court will expect you to put the child’s interests above your own, and as difficult as it may be, compromise is often necessary,” Elaine adds.

Be proactive, not reactive

If you are already concerned about contact this Christmas, do not wait for things to go wrong before taking action.

Talk to your ex-partner, seek mediation if necessary, and if all else fails, be prepared to seek legal advice.

By acting early, you can avoid the stress of last-minute disputes and ensure that your child has a happy and peaceful holiday season.

Please get in touch for legal advice from our family law experts.

Elaine Collins

Senior Associate

I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.

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