Parenting Arrangements During Christmas

The Christmas holidays can be a stressful period for parents who are going through a separation. Having to adjust to new changes in relation to time arrangements for the children. From spending it together to negotiating which parent has the children for what days and for how long.

When parenting applications are bought to the Court’s attention by the parents for judgment, the Court takes the position that the Christmas period is to be shared between the parents, not preferencing one parent over the other. This is due to the Family Law Act 1975 making the best interest of the child the paramount consideration that the Court must consider before making any parenting orders.

However, before the Court makes any orders in relation to time arrangements for the Christmas holidays, there are other factors that the Court needs to consider. These factors include whether the child has been exposed or subjected to family violence, abuse or neglect by either parent. The Court also looks at religious beliefs and practices of the parents and the children, past Christmas arrangements and practicality of proposals. From there, the Court will consider all those factors in addition to others, to determine what arrangements would be in the best interests of the children.

Determining how parents share the festive period is not an easy task for the Court and the answer may not be perfect. Judges always encourage the parents to try and reach their own arrangements through negotiations as Judges prefer to be the parent’s last resort.

If you are otherwise unsure about the contents of this article or require more information on the above, please contact Nevine Youssef at nyoussef@marsdens.net.au or by phoning 02 4626 5077.

The contents of  this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.