Legal Update
A Christmas that works for you and your family… Whilst many look forward to the Christmas period with festive cheer, this can also be a daunting and difficult time for those involved in family separation. It may be that Christmas this year will look different than expected, or indeed it may still be unclear what the arrangements are going to be for you and your family. on the children’s needs, wherever possible this agreement should be upheld. This will provide stability for the children and help minimise parental conflict over the Christmas period. In the same vein, changeovers and timings should be adhered too by both sides.
By Megan Mahesan Girlings Solicitors As Family Lawyers, we are often approached by clients to provide advice on how to address the question of child arrangements during the Christmas and New Year period. There are no set rules about the time which parents should spend with their children. Below we set out some ideas to help you consider how to shape and deliver the Christmas which works for everyone in your family to try to mitigate parental conflict during this Christmas period. These are not legal points, but ideas we have learnt from our experience as family lawyers. 1. Start planning as early as possible – Wherever possible we urge parents to begin discussing arrangements for the Christmas period as early as possible. Once a plan is agreed, whilst it is important to maintain flexibility based
Nonetheless, children should not be asked to choose between either parent and should not be dragged into parental dispute. 4. Quality Time - Once an agreement has been reached, try and focus efforts on making the most of this special time. Parents should plan to see wider family and grandparents within their agreed time.
2. Communication – There is no legal requirement to record any agreement into a formal document or Court Order, however we would encourage parents, to communicate clearly regarding the Christmas period, again to avoid any misunderstanding or disputes. Some parents find resources such as parenting apps or shared calendars helpful. Such tools may also assist in agreeing joint or separate gifts. Furthermore, communicating plans to the children is essential, and creating a visual guide for them can often be helpful.
5. Legal Advice – If you are not able to reach an agreement with your ex-partner regarding arrangement for the children over Christmas, you should seek advice from a family lawyer. In most circumstances family lawyers will try and resolve matters through negotiation and/or mediation. If this is unsuccessful then, as a last resort, a court application can be made to determine the question of contact arrangements.
3. Child Focused - In all children matters the Court’s paramount consideration is the welfare of the children. Welfare is determined by applying various factors, specific to your child.
If you would like any further information or resources regarding parenting through separation, or legal advice regarding your specific circumstances, then contact one of the Family Team at Girlings Solicitors.
Megan Mahesan Associate Solicitor Family Law department Tel: 01233 664711 Email: meganmahesan@girlings.com
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