Navigating Christmas contact disputes
The festive season can be a time of joy, but for separated parents, it can also bring heightened stress and disagreement over who the children spend Christmas with.
At Nelsons, we regularly advise parents who are struggling to agree on Christmas contact arrangements in the weeks leading up to December.
The legal framework
Under the Children Act 1989, there is no automatic legal right for a parent to spend Christmas with their child. The Court’s paramount consideration is always the child’s welfare, applying the welfare checklist in section 1(3) of the Act.
The Court will only intervene if parents cannot agree on arrangements between themselves. In most cases, the Court expects parents to attempt mediation before issuing a Child Arrangements Order (C100) application.
The importance of early planning
The family Courts face significant delays, and late applications made in November or December are unlikely to be listed before Christmas. We recommend parents discuss and agree on festive contact by early November at the latest.
When determining arrangements, the Court will consider:
- The child’s routine and stability;
- The importance of maintaining relationships with both parents;
- Practical factors such as travel and schooling;
- Any safeguarding or welfare concerns.
Tips for avoiding disputes
- Start early – don’t leave it until December.
- Confirm arrangements in writing to prevent misunderstandings.
- Prioritise your child’s experience, not your own preferences.
- Stay child-focused and avoid conflict in front of your children.
- Seek legal advice early if difficulties arise.
When a Court Order is needed
If no agreement can be reached, an application for a Child Arrangements Order can be made to the Family Court. The Court may involve Cafcass to assess the situation, or list a short hearing to determine the issue.
However, the Court’s message is clear: co-operation and communication remain the best way to protect your child’s emotional wellbeing at Christmas.
The bottom line
- The child’s welfare is always the Court’s priority.
- No parent has an automatic right to Christmas contact.
- Plan early to avoid disappointment and conflict.
If you’re unsure about your rights or need help agreeing on child arrangements for Christmas, our specialist family law team can help.
How can we help?
Melanie Bridgen is a Partner in our Family Law team.
At Nelsons, we have a dedicated team of experts who can give specialist advice and representation. If you need advice on any related matters, please contact Melanie or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
Melanie or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide, along with details of our hourly rates and fixed fee services.
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