A Christmas that works for you and your family…

from Thinking Business December 2023

Thinking Business December 2023

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.

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 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.

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.

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.

Megan Mahesan Associate Solicitor Family Law department

Tel: 01233 664711

Email: meganmahesan@girlings.com

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.

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.

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.

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For more information about the many services we offer, please visit our website or follow us on LinkedIn for regular FAS news, views and financial updates.

Maidstone Office: 01622 238 230

Email: ifa@financial-advice.co.uk

Folkestone Office: 01303 273 273

Maidstone Office: 01622 238 230

Email: ifa@financial-advice.co.uk

Maidstone Office: 01622 238 230