Christmas Contact
Christmas is an emotive time of year for everyone, as it should be a time spent with loved ones – but it can often be a difficult time to navigate, particularly for separated parents. The thought of missing out on such a special day with your child(ren) and negotiating an acceptable sharing of this time is difficult, and it can often be upsetting to compromise.
As the holiday season draws near, it is important to consider where and how your child(ren) will spend this festive time. Here are some helpful tips we hope will assist, and feel free to contact our office to discuss further.
1. Planning
Often we find clients may leave raising Christmas arrangements to those last few weeks leading up to the festive season. Christmas contact arrangements should be proposed well in advance to allow sufficient time for consideration, negotiation and exploration of alternative options if agreement cannot be reached. Having such discussions early allows you to review your proposals or offers, as well as giving you the time to seek legal advice or take any additional steps, if necessary.
2. Clear communication is key
Discussions between you and your ex-partner should focus on the child(ren)’s best interests, with the common goal being the finalisation of these arrangements. It can be beneficial to confirm any agreed arrangements following discussion in writing, so as to prevent any confusion or disputes at a later date. This is also helpful if matters ultimately end up in court.
3. Agreed arrangements
Once you’ve settled on Christmas arrangements, it's vital to adhere to it. Following through on the agreed arrangements not only provides stability and consistency for your child(ren), but also shows your ex-partner that you value and respect the agreed plans.
What happens when an agreement cannot be reached?
Whilst it is understandable to become stressed and panicked if you cannot see eye to eye with your ex-partner and haven’t been able to reach an agreement, there are other avenues of recourse you can avail of, so there is no need to worry.
In the absence of agreement, it may be worth considering mediation or arbitration.
Mediation
Mediation is a voluntary process whereby an independent mediator works with both parties with the aim of reaching an agreement. Mediation is ‘without prejudice’, meaning that parents are encouraged to speak freely and explore various different options and possible outcomes without either party being bound to anything later on, should the mediation fail.
Arbitration
Arbitration is similar (though is currently not used very often), in that the arbitrator is trained and impartial; however, the vital difference is that the decision made by the arbitrator is final and binding between the parties, regardless of what each may think about that decision.
In most cases, an alternative dispute resolution method such as mediation or arbitration is more time and cost-effective than court proceedings.
Court Application
Disputes involving arrangements for child(ren) should only be taken to court as a last resort. Family courts strongly encourage parents to resolve these matters on their own whenever possible.
You can apply to the family court to have a judge decide the specific Christmas arrangements. Whether you are the child(ren’s) mother, father, or have parental responsibility, you can make this application on your own or with the assistance of a solicitor.
The court will seek input from both parties, typically through a statement of evidence outlining each party's proposed arrangements for contact during the Christmas period. The court may not agree with the arrangements proposed by you or the other parent and may decide upon an arrangement neither party has proposed, so it is always the preferred option to reach an agreement if possible.
When making any decision, the child's welfare will be the court's primary concern in its decision-making process. The court’s decision will be legally binding, and it is expected that both parents will adhere to any order directed. If there is a breach of an order, one party could find themselves in contempt of court. It is important to note that an application to the court takes time to draft, lodge and timetable therefore any court application for Christmas contact should be made without delay.
At Caldwell & Robinson, we have extensive experience in child care matters and will be happy to provide you with assistance and guidance should you require it. Contact our Family & Child Law team here.
This advice is written by Joanna Burns, Family & Child Law Solicitor.
If you would like to contact Joanna, please click here.