For separated parents, the Christmas holiday season (and the surrounding public and school holidays) often presents a challenge in terms of co-parenting relations, as both parties grapple with questions like:
- Where will the children spend Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and Australia Day?
- What are the time arrangements over the summer holidays generally?
- Will arrangements change or remain the same?
- Who can go travelling with the children?
- Can the children be taken intercity, out of state or overseas?
Each family’s circumstances are different, and holiday arrangements may already be set out, ordered or agreed to in parenting plans or Court Orders.
In the absence of existing Order or agreements, parents may want to consider the following options:
- Negotiating with the other parent directly to try and reach an informal agreement;
- Setting out any agreement in a written agreement or parenting plan;
- Attending a round-table discussion or mediation; or
- If the matter simply cannot be agreed, whether an application needs to be filed with the Court.
The Federal Circuit and Family Court of Australia will normally not accept applications relating to summer holidays after the second Friday in November, and parents would do well to have any Christmas- or holiday-related applications on foot well before then.
If you and the other parent are, happily, able to reach agreement about holiday arrangements without the Court having to get involved, there are a few simple things you can do to help matters go smoothly.
These include:
- Making sure the children are able to call or video call the other parent regularly when they’re in your care for long stretches of time;
- Ensuring you and any visiting friends or relatives don’t talk to the children about any Court proceedings or badmouth the other parent (even after a few Christmas or New Year’s drinks);
- Avoiding posting anything hurtful, sarcastic or spiteful on social media – it’s a bad look, unhelpful, and nobody likes a Christmas Grinch; and
- Checking Russell Kennedy’s tips on travelling once separated here if you’re planning on heading overseas.
How we can help
If you or someone you know is going through a separation and would like advice on this issue, please contact Amanda Doring or Ben Keyworth from our Family Law team on (02) 8987 0000.
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