Making child contact arrangements at Christmas

For many, the Christmas period is for spending quality time together as a family. However, if parents are struggling to agree on child arrangements after a separation or divorce, deciding how much time each parent will spend with the children over Christmas may be difficult.

How do I make arrangements for Christmas contact?

Coming to an agreement amid separation can be a challenge, but it is important to remember that confrontation and disputes in front of the children can have a huge impact on them. This is why it’s so important to prioritise your children’s wellbeing above anything else. Remember that contact should be for the benefit of the child.

Where possible, try to come to an agreement through amicable communication with the other parent. If you don’t feel you can communicate your contact proposal to the other parent, then consider written communication such as email or letter.

If you are unable to communicate because there is an order in place, a family solicitor can provide you with advice to help both parties to come to a formal arrangement. This may involve compromise, so be prepared to alter your plans and take a step back to appreciate the other party’s wishes.

What happens if we can’t agree on child contact arrangements?

If you cannot agree on child arrangements with your former partner, mediation is a good option and should be considered as your next step. Family mediation involves both parents working with a trained independent mediator to agree upon childcare arrangements, outside of court. Mediation can support you and the other parent to communicate amicably and make decisions concerning child contact, as well as finances or property.

Before making a family court application, you must now show that you have attended a Mediation Information Assessment Meeting (MIAM) unless you have a valid exemption. Following the MIAM, it could be decided that your matter is suitable for mediation, rather than having to go to court.

To find out more about mediation, call our family law solicitors. We can put you in touch with our recommended mediators and explain more about how the process works.

What happens if mediation for child arrangements doesn’t work?

If mediation does not work for you, you should contact an expert family lawyer as soon as possible. They will provide you with guidance on how to reach an agreement.

As a last resort, you can also apply to the court directly to ask for arrangements or an Order to be put in place. However, this is not a quick fix and it is extremely unlikely that the court will be able to hear your matter before the holiday begins.

Our children law solicitors always recommend seeking mediation as a first step, followed by receiving advice and guidance from an experienced lawyer. Keeping family matters as civil as possible will reduce any extra stress and emotion around the holiday period.

Which party pays for mediation?

It is advisable to have a mutual agreement on how you are going to pay for mediation. In most cases, each party pays their own costs, and this is usually how the fee would be initially quoted. However, sometimes parties agree to use a joint account to pay for mediation, or one party agrees to pay on the understanding that the cost will be deducted from a financial settlement, where relevant.

It is important to remember that mediation is usually much cheaper than going to court, so having an agreement about mediation fees is a better option than arguing about it or refusing to pay for it.

Do existing Child Arrangement Orders apply during the holidays?

Yes, Child Arrangement Orders apply over the holidays and all year round. However, they often include specific provisions for special holidays like Christmas. In the majority of cases, you should not prevent access to your child without seeking an order to vary or discharge the existing order. If you do not seek legal advice before preventing access, you could have to respond to enforced court proceedings.

Contact our child contact solicitors in Bristol

It can be difficult to reach an agreement about child arrangements or contact with the other parent. Our expert child law solicitors can help. We can support you in reaching an agreement out of court, and if necessary, obtain a Child Arrangement Order to ensure that you see your child on a regular basis.

For more information, call us on 0117 325 2929 or fill out our online enquiry form. Alternatively, you can get started online here.