It’s that time of year again! During the Christmas season, we all make plans to spend time with family and friends. Christmas is most exciting when children are involved – watching them open presents on Christmas Day, putting out the snacks for Santa on Christmas eve, or attending a local church service on the Day itself – however you choose to celebrate, no doubt if you have children, you will have certain traditions you would like to maintain after separation. 

Ideally, you will have already agreed your Christmas arrangements by now, but for those of you who have been unable to agree matters between you, what can you do? 

1. Know your rights 
   There is a presumption in law that both parents should be involved in a child’s life throughout the year, including at Christmas. For parents who find themselves in court proceedings, it is normal for a court to order that arrangements for children alternate each year, so if your child did not spend time with you on Christmas Day last year, then a court would likely agree that they should this year (subject to any safeguarding concerns). 
2. Mediation 
   There’s still time to book in a mediation session with a local mediator. Sometimes sitting down in a room with a third party present can help you to rationally discuss your views, where otherwise yourself and your former partner may struggle to have discussions between you without those discussions becoming heated. We can point you in the direction of local mediators. 
   Some mediators will offer child inclusive mediation. If your children are of an age where they know their own mind and would like to have a say, it may be appropriate to involve them in the mediation process, allowing the mediator to speak to your child/children first and relay those views to both parents. 
3. Court application 
   There may still be time to make an urgent application to court if you really are making no progress with your former partner. If you are unable to agree contact arrangements between you, it is possible to ask a court to determine how your children should spend their time with each parent both at Christmas and beyond, ensuring there is a structured agreement in place for you both not just for this Christmas, but for the years that follow. This will prevent the problem recurring in future years. 

If you need some advice which is specific to your situation, speak to one of our family lawyers for a fixed fee appointment. We can talk you through the options and how we may be able to help. Call 0330 0945 500, emailing family@nevesllp.co.uk or completing our Contact Form and we'll get back to you.