The festive season is often known as a time for family, joy, and togetherness, but for families going through separation or divorce, it can bring added stress. Child arrangement issues, tensions, and emotions can turn what should be a fun time into one filled with legal challenges and personal issues.
If you’re navigating a separation or divorce, here are some important legal considerations to help you and your children get through the holidays smoothly.
Child arrangement disputes
Christmas often magnifies family conflicts, particularly around child arrangements. Deciding which parent the children will spend Christmas Day with can lead to disagreements. However, it’s important to remember that Christmas is more than just one day.
Splitting holiday time, alternate years, or creating new traditions to allow for quality time with both parents can help reduce conflict. Being flexible and prepared to compromise will go a long way in ensuring that your children experience a peaceful holiday season rather than one clouded by arguments.
To avoid drawn-out court battles, consider hiring a mediator. Mediators can help you and your ex-partner come to an agreement that prioritises the best interests of your children.
Divorces spike in January
It’s an unfortunate reality that the stress of the holidays can bring marital issues to the surface. January has long been known as the peak month for divorce filings, with a reported spike of 150%, according to the BBC. This increase is often because of couples waiting until after the festivities to formally end their marriage, not wanting to disrupt traditions.
If you’re considering divorce, it’s important to pause and reflect before making any decisions in the heat of holiday stress. Rather than acting impulsively, seek professional advice and consider what’s best for your family in the long term. Discuss your options with a solicitor, particularly when it comes to sensitive matters like child custody, child maintenance, and division of assets.
Childcare responsibilities and holiday contact
Even during the holidays, existing child arrangement agreements must be followed. If your child arrangement agreement dictates a specific schedule, deviating from that without legal consent could result in penalties. It’s also important to keep up with child maintenance payments, as these do not automatically stop during holiday visits.
If travelling is on your agenda, keep in mind that you may need consent from your co-parent, particularly if you’re planning to travel out of the country. Ensuring all parties are informed in advance can help prevent any last-minute legal complications.
Grandparents and holiday access
The holidays are also a time when grandparents may seek contact rights, especially if their own child has gone through a divorce. While grandparents in the UK don’t have automatic rights to see their grandchildren, they can apply for contact through a court order. If you find yourself navigating this situation, mediation or legal counsel can help guide you through the process.
How DMA Law can help:
Navigating family law issues during the holiday season can be complex, but it’s essential to stay focused on the best interests of your children. Whether through mediation or by working closely with your solicitor, resolving conflicts amicably will help keep the holiday spirit intact.
By planning ahead and keeping communication open, you can reduce the tension and ensure a more peaceful season for everyone involved. If you are struggling to agree on Christmas contact arrangements, our team of experienced family law solicitors can help as well as in other areas of family law. We will guide you every step of the way to achieve the best outcome for your child.
