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Trying to decide the plans for Christmas Day can be a difficult conversation for any family, but even more so for separated parents who cannot agree on the arrangements for the children on Christmas Day or during the Christmas period more generally.
What are my options?
The first step would be trying to discuss the matter with the other parent directly, if possible. This could save all parties time and stress and get the matter resolved amicably.
However, this may not always be possible.
If it cannot be agreed where the children spend Christmas Day, or if the other parent is having the children every Christmas, you may need to speak to a solicitor. We can assist with discussions with the other party, advise as to possible options such as Mediation and, if necessary, apply for a court order.
What is a Child Arrangement Order?
Child Arrangement Orders regulates who a child lives with and who they spend time with.
It can set out what specific arrangements should be for the Christmas period and other special holidays.
It may be that this is alternating Christmas Day each year between parents; or it could be the children spending part of the day with one parent and part of the day with the other.
How to obtain a Child Arrangement Order?
Prior to applying for a Child Arrangement Order, you must first attend mediation, a Mediation Information and Assessment Meeting. This is not required where there is evidence of domestic violence.
If mediation is unsuccessful, you can apply to the Court for a Child Arrangement Order. A parent, guardian or an individual with parental responsibility of the child can apply to the court for a Child Arrangement Order.
Contact us
If you would like any further information or advice in relation to child arrangement proceedings, please contact our specialist family lawyers based in Wolverhampton, Cradley Heath and Sutton Coldfield. We serve clients across the West Midlands and Birmingham. You can call 01902 328 365 to speak to one of our family lawyers.