Writing for the 6 December edition of the Yorkshire Post, senior associate Rosie Stewart explains how early preparations can help separated parents manage the festive period.

Christmas is an important time for families and a period of the year many parents cherish as an opportunity to spend time with their children. Separated parents can come up against problems in agreeing where their children will spend Christmas, with which parent and for how long.

It is in the best interests of children for Christmas arrangements to be agreed well in advance of the holidays.

When discussions arise between separated parents, the wellbeing and needs of the children should be front and centre of any decision made and the wishes and feelings of the child should be taken into account, depending upon their age and understanding.

What do parents need to consider?

Although there are no hard and fast rules, separated parents often alternate each year who has the children on Christmas Day. For those that still live near each other, it is often possible for the children to see the other parent over other significant days, for example on Boxing Day or New Year’s Day.

For those separated parents who live further apart (perhaps even in different countries), splitting significant days may be impractical. Even where only short journeys are required, travel arrangements add to the difficulties of children spending time between families.

The matter becomes even more complex for those wishing to take a trip abroad with the children over the festive period. For parents planning to take their child abroad, in more circumstances they need the consent of the other parent in advance of doing so. Agreeing this well in advance minimises the risks of travel plans being disrupted at the last minute. If the other parent’s agreement is not forthcoming, the parent hoping to travel will need the permission of the court to take the child abroad.

What are the legal options for parents?

Unfortunately, it often proves difficult for separated parents to reach an agreement on where a child should spend Christmas, and this is where parents may need the assistance of a professional. This could be a mediator, solicitor or, as a last resort, the family court.

A first step could be to contact a family solicitor, who will be able to support parents to reach a decision over childcare arrangements during the Christmas period. Solicitors will often be able to assist parents to find and agree a solution, which they can both accept as being in the child’s best interests. They can also advise parents on out of court options by which to resolve their dispute including mediation or arbitration.

A specialist family mediator can assist parents to resolve a disagreement through discussion and negotiation with both parents to reach an agreed solution. Whilst it is not suitable in all circumstances, the mediation process aims to provide a constructive and amicable route for parents to reach agreement in relation to their children.

Arbitration can also work to minimise cost, stress and the delays of going to court. Whereas a mediator can only facilitate conversation, an arbitrator has the power to make a determination that is binding on both sides.

Should all else fail, and as a last resort having exhausted alternative out of court options, parents can apply to the family court for an order in respect of the arrangements for the Christmas holidays. This process can take time, so it is crucial to start discussions well in advance of Christmas itself to allow sufficient time for a court application in the event this becomes necessary.