Do I need to get a Child Arrangement Order for Christmas?

Looking ahead to Christmas, most of us hope it will be a time of cheer to celebrate and relax with friends and family. Sadly, it can also be a time of additional pressure on families and relationships. Many disputes can arise regarding Christmas arrangements for separated parents concerning the time the children spend with each parent during the holiday period.

What are my legal rights as a Parent?

The Children Act 1989 sets down the legal rights and responsibilities for parents regarding children, with an overarching principle that a child’s welfare should be the main consideration when making decisions concerning children’s living arrangements. In the absence of any safeguarding issues, children have a right to a relationship with both parents, and if this is being prevented or made difficult by one parent, the other parent has a right to make an application at Court.

When do I need to start thinking about applying for a Court Order?

Before any application to Court can be made, attendance at Family Mediation is required (there are, however, exemptions for serious issues such as domestic abuse). The Court process from start to finish can be quite lengthy, so it is important to take initial steps sooner rather than later to minimise delay.

Family Mediators are specially trained to deal with family breakdowns and will be able to help facilitate discussions between separated parents calmly.

If Mediation is unsuccessful, if the other parent refuses to engage, or if an exemption applies, the next step would be to make an application at Court for a Child Arrangements Order.

What is a Child Arrangements Order?

This is an Order detailing how children spend time with each of their parents and can include specific times/dates/locations. It can also contain additional provisions dealing with arrangements for special occasions such as Christmas or birthdays. The Courts will do their best to facilitate contact with both parents during these times as far as this is in the children’s best interests.

What Factors does the Court Consider?

The Children Act sets out a ‘welfare checklist’ of matters the Court would need to consider before making any Order, including:

• The wishes and feelings of any child involved (considering their age and understanding)
• The age, sex and characteristics of any child involved
• The likely impact on the child of any decision
• Any harm they are suffering or likely to suffer,
• The ability of their parents/caregivers to meet their needs.

A Children and Family Court Advisory and Support Service (“CAFCASS”) officer is a specialist child Social Worker who will usually be appointed to meet and work with the family. They will provide a child impact assessment with recommendations to assist the Court in reaching the best decision. This assessment can be detailed and can take between 8-12 weeks, so it is possible to ask the Court to put in place temporary arrangements during this time, including an interim Order dealing with the arrangements over Christmas.

At the end of the proceedings, the Court will consider all the evidence carefully and a Final Order will be made, which will be binding on both parents.

If you are unable to resolve differences between you, our compassionate team can offer advice in respect of making an application to the court for a range of orders under the Children Act and/or the Children and Families Act.

To find out more about seeking advice about Children's Law, get in touch with our team for a confidential discussion.