How to Manage Child Arrangement at Christmas

Christmas is a magical time for most, but navigating a child arrangement at this time of the year can be difficult. Separated parents will have to come to an agreement with each other and often put their own preferences aside for the good of the child.

These situations can often cause stress for both the parents and children – particularly when an agreement cannot be reached.

To help manage child arrangements and disputes, we have put together a guide on how to best to navigate this during the Christmas period.

We aim to help parents and children enjoy this joyful season to its fullest.

What is a Child Arrangement?

A child arrangement is an agreement between parents outlining where the child will live, how much time they will spend with each parent, and how contact with each parent will be maintained.

While these arrangements can be informal, it is advisable to document them in writing for clarity and reference. A legal document does not need to be obtained, however, some might benefit from obtaining a Child Arrangement Order – particularly when the relationship between yourself and the other parent is difficult.

Tips to Manage a Child Arrangement

There is no right or wrong way to manage a child arrangement at any time of year, let alone Christmas.

When it comes to finding an agreement, we would recommend following these tips:

Communicate: Speaking with the other parent would be a great place to start. If the children are old enough, you could also ask them what they would like to do.

Plan Early: Christmas can be a busy time especially when family members get together. Planning early will allow parents to understand when is best to have children for both parents.

Be Willing to Compromise and Share: Consider sharing the Christmas period equally. For example, you may suggest the children be with one parent on Christmas Eve to midday Christmas Day and then the rest of Christmas Day and Boxing Day with the other parent.

Alternate Years: Another option that could work well for families is alternating the years the child spends Christmas Day with each parent.

What if an Agreement Over Child Contact at Christmas Cannot be Reached?

We recognise that sometimes the tips above will not always be suitable. This is why it is important to understand your rights and how we could help you.

Currently, there are no specific legal provisions for a child arrangements at Christmas. Courts generally encourage both parents to spend equal time with the child during the festive season.

Mediation is the first process in helping separated parents to reach an agreement. This is a process where families use the assistance of a neutral third party, the mediator to negotiate future arrangements for children. Even if the court’s intervention is required to find a solution, in most cases, both parents involved will be required to attend mediation first.

If going to court is required, both parents will be required to supply a statement. The Court, however, may not agree with the arrangements proposed by either parent and may suggest an alternative approach altogether.

How Do I Apply for a Court Order?

The first step is to attend a Mediation assessment meeting before proceeding to Court.

The Court order application involves the C100 form and a £255 fee. You will then be contacted by the Children and Family Court Advisory and Support Service (Cafcass) before the first hearing.

At the first hearing, the Court will consider the information before it and make a decision clarifying the living arrangements for a child and who they should spend time with, this is called a Child Arrangement Order (CAO). This is used for children under the age of 16 and is commonly used to solve disputes over the Christmas period.

It is highly recommended that legal advice is sought from the outset and you are represented from the first hearing as this is when directions are given by the Court as to how the case will be managed.

Can you Break a Child Arrangement Order?

No, if you do not follow the rules of the child arrangements order, you may have to pay financial compensation or face further legal action resulting in being imprisoned. Although imprisonment is a rare consequence of breaching a child arrangements order in the UK, it can happen in serious cases.

Can the Other Parent Stop Me From Seeing My Children at Christmas?

Not without a child arrangement order.

A child arrangements order can stop the other parent from seeing the child, however, it does depend on what is stated in the order. This is often only the case if the child will be in danger and will be subject to violence or danger. All orders should put the best interests of the child first.

How do I Get Support With a Child Arrangement Dispute?

The best way to start getting support would be to contact our team of specialist solicitors.

At Terrells, we are a niche practice, often acting for clients in matters involving child and family law. Our founder Roger has worked on some of the most high-profile family law cases in the UK.

​​Our team of compassionate law professionals are dedicated to ensuring each of our clients has access to clear, concise and results-driven legal advice.