One of the most asked questions we get as family lawyers from separated parents is, “who gets to be with the kids for Christmas?”.
For separated parents, deciding who will get to spend time with the kids over the holiday period can be incredibly stressful and cause immense tension between co-parents.
Creating a Parenting Plan
The first step to managing the holiday season after separating is to have your agreed parenting responsibilities and shared time documented in a Parenting Plan.
This document can be drafted by a lawyer and will not only cover the day-to-day arrangements for your children but also specify holiday arrangements such as Christmas, New Year, Easter, and any other significant events you celebrate.
While this document does not have the same legal force as court orders, it is incredibly useful as a basis to refer to and having your agreement written out will make communication simpler between yourself and your co-parent. It is also admissible to the Court as evidence of what was agreed in the event of a disagreement about care arrangements in the future.
What if I want to change the Parenting Plan?
If you do wish to change the agreed plan for a particular Christmas, you absolutely can if you and your co-parent are agreed.
The key aspect of negotiating successful care arrangements is early communication. We recommend explaining the reason why you would like your child for the holiday, and then you can work together to negotiate a new arrangement. This may involve proposing an alternative holiday for your co-parent to have instead.
What if they deny my request?
If you are unable to effectively communicate with your co-parent, you may wish to seek legal advice from an experienced family lawyer such as Lindbloms Lawyers family law team.
We can help you understand your options which may be mediation or in some cases may eventuate in court proceedings.
Mediation is a way to resolve disputes, facilitated by a neutral third party. The aim is to reach an agreement at the end of the session. If mediation is unsuccessful then we may need to consider Court intervention. Court intervention is usually a last resort. If you are unable to reach an agreement or your co-parent is refusing to let you see your child, it may be the only avenue available.
Lindbloms Lawyers can help answer any of your parenting matter questions. Give us a call today for a no obligation consultation.
