Navigating Parenting Arrangements Over the Christmas Holiday Period
The cut-off date to file an application in the Federal Circuit and Family Court of Australia for parenting arrangements is 4pm on Friday the 15th of November 2024.
This Christmas holiday season is a time for joy and celebration. However for separated or divorced parents, it can present challenges when it comes to parenting arrangements. Balancing the desire to spend quality time with your children during Christmas while also respecting the needs and rights of the other parent requires clear communication and thoughtful planning.
The Court gets inundated with last-minute applications each year before the Christmas holidays. If an application for parenting arrangements is filed after the November deadline, the next available date may be after Christmas, except for in urgent circumstances.
Now is the time to review your arrangements and make sure you have everything in place for the upcoming holiday period.
Coming to an Agreement
With 6-8 weeks’ worth of holidays to prepare for, parents need to consider the dates that holidays will start and finish, what arrangements and activities their child will partake in during that time, where children will spend special occasions such as Christmas Day and New Years Eve, and if any travel is planned.
Here are some practical tips to help you manage parenting arrangements over Christmas and ensure that your children experience a happy, stress-free holiday season:
1. Start Planning Early
Christmas can be a busy time for all, so it’s important to start discussing arrangements well in advance. If you haven’t already, communicate with your co-parent to discuss how you’ll divide time with the children during the Christmas period. The earlier you have these conversations, the more time you’ll have to negotiate and find solutions that work for everyone.
When negotiating Christmas holiday arrangements, some important things to keep in mind include:
When the school holiday period begins and ends;
How school holiday time will be divided between each parent;
How will your child/children spend time with you between the Christmas Eve to boxing day period;
When and where changeovers will take place;
If there are any travel plans scheduled to take place during this time.
2. Follow Existing Court Orders for Holiday Arrangements
If you already have a parenting plan or court order in place, always refer to it when planning for holiday arrangements. It’s important to stick to the terms of the existing arrangements where possible to avoid confusion or conflict. However, if both parents agree to a temporary variation, make sure it’s documented in writing for clarity.
3. Communicate Openly and Respectfully with Your Co-Parent
Communication is at the heart of successful co-parenting. Be open and honest with your co-parent about what you want, but also be respectful of their wishes and try to understand their perspective. Clear communication reduces the chances of miscommunication or last-minute disagreements. Avoiding emotional conflict will help keep the focus on your children’s needs.
4. Keep Your Children’s Best Interests at the Forefront
Ultimately, the priority should be what’s best for your children. This may involve taking into account their age, preferences, and any family traditions that are important to them. For younger children, it may be helpful to create a visual schedule for the holidays so they understand what to expect and when they’ll be spending time with each parent.
5. Consider Mediation if Needed to Resolve Disagreements
If you and your co-parent are struggling to agree on Christmas arrangements, consider using a mediator. Mediation can help both parents come to a mutually agreeable solution, reducing the stress and conflict of the decision-making process. A mediator can help create a fair and workable plan for everyone involved.
6. Think About New Year’s Arrangements
Don't forget to plan ahead for the New Year! It’s common for families to alternate between parents for Christmas and New Year’s holidays. If you’ve already worked out Christmas, now is a good time to discuss plans for the end of the year and make sure both parties are clear about arrangements.
Failed to reach agreement?
If you cannot reach agreement about Christmas holiday arrangements, you may need to seek Parenting Orders from the Federal Circuit and Family Court of Australia.
It is important to note that before filing an application for parenting matters in the Federal Circuit and Court of Australia, parents must comply with the pre-action procedures for parenting cases to try to resolve the matter at the earliest opportunity without going to court.
It is a requirement under the pre-action procedures that parents must show a genuine attempt has been made to resolve the matter (i.e. attending mediation). If family mediation is not successful, an accredited Family Dispute Resolution (FDR) Practitioner can issue a Section 60I certificate which allows parties to make a parenting application.
Don’t wait until it is too late, if you need assistance with parenting arrangements over the Christmas holiday period, let our team of dedicated family lawyers assist you.