Navigating divorce or separation during Christmas: A guide for parents

Christmas after separation or divorce doesn’t have to be complicated.

The Christmas school holidays can be both magical and challenging, especially for families navigating separation or divorce.

Balancing co-parenting schedules, travel plans, and holiday traditions during this period can be complex, but with careful planning and open communication, it’s possible to create a joyful experience for your children.

Divorced or separated? Expert advice on managing the school holidays

If you have court orders or a parenting plan

Court Orders or Parenting Plans provide a framework for parenting arrangements. If you have Court Orders in place, they must be followed unless both parents agree to any changes. Similarly, Parenting Plans, though not legally binding, should be adhered to unless mutually adjusted.

Should you wish to alter these arrangements and cannot reach an agreement with the other parent, seek legal advice. Ignoring a Court Order without consent can lead to significant consequences.

If no court orders or parenting plans exist

For families without formal agreements, time is of the essence. Each year, the cut-off date for filing Parenting Order Applications is the second Friday in November. Missing this deadline reduces the chances of having your matter heard before Christmas.

If you’re unable to reach an agreement, family dispute resolution (mediation) is a prerequisite before applying for Parenting Orders, unless an exemption applies. Engaging a private mediator can often expedite this process.

Creating a holiday schedule

Every family’s needs are unique, but common Christmas parenting arrangements include:

• Split christmas: Children spend Christmas Eve and morning with one parent, then Christmas afternoon and Boxing Day with the other, alternating annually.
• Alternating years: One parent has the children for the entire Christmas period one year, with the arrangement switching the next year.

When deciding, prioritise what works best for your family and, most importantly, your children’s well-being.

If you plan to travel

Travel plans can add an extra layer of complexity but with some forward-planning it can be stress-free.

• With Court Orders: Follow any travel stipulations outlined in your Orders. If adjustments are needed, secure written consent from the other parent or apply for a new consent Order.
• Without Court Orders: Obtain the other parent’s written agreement for your travel plans. Travelling without consent can lead to a recovery order, with authorities tasked to return the children to the other parent.

If travel consent is being unfairly withheld, consult a legal professional to understand your options.

Putting your kids first

Above all, remember that Christmas time should be about creating joyful memories for your children. Open communication, a focus on their needs, and a willingness to compromise can go a long way in making the holidays a special time for everyone, even amidst separation or divorce.

By planning ahead and keeping your children’s best interests at heart, you can navigate the challenges of the holidays and create meaningful moments they’ll cherish.