Navigating Christmas custody arrangements can feel awkward or uncomfortable – but they don’t have to be.
At the centre of all divorced parents’ Christmas arrangements is a child who is excited to spend Christmas with both of their parents, and when Christmas co-parenting is done correctly, all of the magic is retained.
If you need tried-and-tested answers to a shared custody Christmas schedule, Beecham Peacock’s family law experts are here to help.
Find out the best way to co-parent for your child this Christmas, and if planning doesn’t go as expected, discover how you can access legal support.
Planning and communication
Divorced couples who share a child must be willing to plan and communicate effectively over the festive period, but depending on how long you’ve been separated or the nature of the divorce, this is easier for some than others.
The most important thing to remember is that effective and fair co-parenting at Christmas is for the benefit of your child, and putting them first can be the easiest first step in a successful shared custody Christmas schedule.
While this may come more naturally to couples who went through a collaborative law divorce process, here are some effective discussion points when opening a dialogue with your child’s parent:
- Coordinate presents to prevent “competing” with gifts.
- Maintain existing traditions with your child, but don’t be afraid of making new ones. Decide who will be doing what with your child this Christmas.
- Discuss flexibility and be willing to compromise on or change arrangements as children get older.
Get arrangements in writing to avoid confusion or disagreement later down the line.
Shared custody Christmas schedule
When it comes to sharing custody at Christmas, there is no one-size-fits-all approach – but that’s okay, as there are plenty of popular options available to separated families.
Alternating years
One parent has the children one Christmas, and the other parent has them the next, ensuring each parent gets a full Christmas with the children every other year.
Split the day
One parent has the children on Christmas Eve and Christmas morning, while the other parent takes over either before or after Christmas dinner.
This approach allows the second parent to enjoy the evening celebrations and keep the children on Boxing Day – effectively sharing the festivities.
Two Christmases
Each parent celebrates Christmas on different days (for example, Christmas Eve with one parent and Christmas Day with the other), so the children get to enjoy both households’ celebrations.
The parent hosting on Christmas Day can alternate yearly.
If a Christmas custody arrangement can’t be agreed
In the unlikely event that no Christmas custody arrangement can be agreed upon, there are legal steps you can take to correct the situation.
Mediation
If parents cannot agree on a shared custody Christmas schedule, mediation is often the first step as an alternative to court.
Trained family mediators help both parties discuss their concerns and work towards a fair arrangement without going to court. Mediation is confidential, voluntary, and can save time, stress and legal costs.
This process can be completed with a collaborative lawyer.
Court
If mediation fails, either parent can apply to the court for a Child Arrangements Order, specifying who the children spend Christmas with.
Courts prioritise the child’s best interests and will consider practicalities, existing routines and the children’s wishes where appropriate. Going to court should be a last resort, as it can be time-consuming and emotionally taxing for all involved.
Need legal advice regarding child custody arrangements at Christmas?
If your Christmas schedule hasn’t gone as planned and you feel as though your child’s access arrangements haven’t gone as agreed, speaking to an experienced family law solicitor can help provide clarity and reassurance.
Speak to our family law experts today.
