Navigating holiday child arrangements as separated parents can be especially challenging during the festive season. At Napthens, our family law specialists are here to demystify the process, ensuring your child’s best interests remain at the heart of every decision. This article covers legal rights, practical tips, and answers to common questions about Christmas arrangements.
Legal Rights as a Parent
- The Children Act 1989 sets out parental rights and responsibilities.
- The child’s welfare is the main consideration in any decision.
- Children have a right to a relationship with both parents unless there are safeguarding issues.
- If contact is prevented, a parent can apply to the court for assistance.
Timing and Planning
- Start discussions early – seek advice from a family law specialist.
- Mediation can assist parents to reach an agreement – for further information on mediation, you may wish to read our article on Alternatives to Court.
- If an agreement cannot be reached, it may be necessary to apply to Court. The Court process can be lengthy, so act promptly.
Court Orders: Child Arrangements Orders
- Child Arrangements Orders specify how children spend time with each parent, including special occasions like Christmas.
- The Court’s aim is to facilitate contact with both parents if it’s in the child’s best interests.
Example Christmas Contact Arrangements
- Christmas Eve and morning with one parent, rest of the day and night with the other.
- Alternate Christmas Day each year.
- Some parents may spend part of Christmas Day together if separation is recent.
Influencing Factors
- Travel logistics and distance.
- Age and needs of the children.
- Plans involving siblings, new partners, and extended family.
What If You Can’t Agree on Child Arrangements?
- Celebrate on an alternative day with gifts and festive activities.
- Plan meaningful time together on other days during the Christmas period.
- If you have an existing Child Arrangements Order, follow its terms unless both parents agree to a change.
Tips for Arranging Contact
- Be Organised: Start discussions early.
- School Term: Bear in mind school term dates.
- Communicate Clearly: Be calm and clear.
- Listen and Compromise: Understand the other parent’s perspective.
- Focus on the Child: Keep their best interests at the centre.
- Be Fair: Consider factors such as travel logistics and plans involving siblings and extended family.
- Put Arrangements in Writing: Avoid misunderstandings.
FAQs
How can I agree on child arrangements for Christmas my child’s other parent objects?
Seek legal advice by speaking with our team. Consider mediation as a first port of call, or court intervention if necessary.
Can a parents insist on seeing their child at Christmas?
Both parents should negotiate, and the court will always prioritise the child’s best interests.
Can a separated parent take their child overseas for Christmas without content from the other parent?
No, written consent is always required unless a child arrangements order allows travel for up to 28 days. Ensure reasonable notice to the other parent and provide travel details such as exact dates, travel details and accommodation details. See below for a free template letter you can utilise.
Free Downloadable Calendar for 2025 Christmas and 2026 New Year Holiday Child Arrangements
Free Consent Letter Generator for Taking a Child on Holiday Overseas
To whom it may concern,
I, __[name of parent]__, of __[address]__, consent to my child __[child’s name]__, with date of birth __[child’s DOB]__ and passport number __[child’s passport number]__, to travel to __[country]__ with their [mother/father], __[mother/father name]__.
I understand that the travel dates are __[start date]__ to __[end date]__, a duration of __[X] days__.
I understand that by signing this letter, I grant permission for my child to travel to __[country]__ during the above stated dates.
Signed: _________________________
Dated: _________________________
Telephone number: _________________________
Letter Generator
Get in Touch
To speak with our team of family lawyers about child arrangements, contact us via our form or visit our family law service page for more details.
Natalie Maher | Legal Executive
Natalie Maher is a chartered legal executive within the family team, based in the firm's Southport office.
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