Christmas and the school holiday period can be one of the busiest times of year for family law matters, particularly when it comes to parenting arrangements.
Regular parenting arrangements are often replaced by holiday schedules, family gatherings, travel plans and time with extended family. Planning ahead can help reduce conflict, avoid last-minute misunderstandings and provide children with certainty during the holidays.
Plan Early
Confirming Christmas and holiday arrangements well in advance gives everyone time to prepare. Waiting until the last minute increases the risk of disagreement and leaves little opportunity to resolve issues before the holidays begin.
Early planning can also make it easier to organise travel, family celebrations and school holiday activities around the children’s arrangements.
Check Your Parenting Orders or Parenting Plan
If you already have Parenting Orders or a Parenting Plan in place, check what they say about Christmas and the school holiday period.
Parenting Orders made by the Court are legally binding and often contain specific provisions for Christmas Day, Boxing Day, New Year’s Day and school holidays. A Parenting Plan records an agreement between parents and can help guide holiday arrangements, although it is generally not enforceable in the same way as Court Orders.
Things to check include:
- whether there is a specific Christmas or school holiday schedule;
- handover dates, times and locations;
- any notice requirements for holiday arrangements; and
- whether the Christmas schedule overrides the usual week-to-week parenting routine.
Reviewing these arrangements early can help avoid confusion closer to Christmas.
Communicate Clearly
If changes or flexibility are needed, raise them with the other parent as early as possible.
Where an agreement is reached, confirm it in writing, such as by email or text message, so both parents have a clear record of what has been agreed. Clear and respectful communication can help reduce misunderstandings and keep the focus on the children’s needs.
Travelling During the Holidays
If you are planning to travel with the children during the holiday period, particularly interstate or overseas, check whether your Parenting Orders require the other parent’s written consent or advance notice.
If consent is required, obtain it before making travel arrangements. If you are unsure whether your Orders allow the proposed travel, seek legal advice before booking or departing.
If You Can’t Reach Agreement
If you and the other parent cannot agree on Christmas or school holiday arrangements, it is often better to seek assistance early rather than waiting until the holidays have begun.
Depending on your circumstances, options may include:
- discussing the issue through your lawyers;
- attending Family Dispute Resolution to try to reach an agreement; or
- obtaining legal advice about the options available if an agreement cannot be reached.
Addressing disputes early may help avoid unnecessary stress during the holiday period.
Keep the Focus on the Children
Christmas can be an exciting time for children, but it can also be unsettling when families are separated.
Where possible, aim to create arrangements that provide children with a calm, predictable and enjoyable holiday period. Keeping communication child-focused and avoiding conflict during changeovers can help support children throughout the holidays.
Christmas Parenting Arrangement Checklist
Before the holiday period begins, consider checking that you have:
- confirmed the Christmas and school holiday schedule;
- reviewed your Parenting Orders or Parenting Plan;
- confirmed handover dates, times and locations;
- discussed any travel plans with the other parent;
- recorded any agreed changes in writing; and
- ensured the children know what to expect in an age-appropriate way.
The Bottom Line
Christmas parenting arrangements often work best when they are planned early and communicated clearly. Understanding what your Parenting Orders or Parenting Plan require, discussing changes well in advance and seeking legal advice where necessary can help avoid unnecessary disputes during the holiday period.
If you need advice about Christmas parenting arrangements, Parenting Orders or holiday travel with children, South Geldard Lawyers offers fixed-fee initial family law appointments in Rockhampton and Yeppoon.
This article provides general information only and is not legal advice.
