Parenting arrangements over the Christmas holiday period: What you need to know

Christmas is a special time for families to come together and celebrate, but for separated parents, the holiday period can present new challenges.

Negotiating with your former partner as to how, where, and with whom your children will spend their time during the school holidays can be stressful, especially if this is your first Christmas since separation. Your children’s Christmas memories should centre around family bonding, not disputes. We recommend that you and your former partner start considering arrangements for your children over Christmas and the holiday period as early as possible.

Each year, the Federal Circuit and Family Court of Australia (FCFCOA) receives numerous applications from parents seeking court orders providing for Christmas and holiday arrangements, aiming to resolve interim matters before the end of the school year. To manage this, the Court enforces a strict deadline for these applications, being 4.00pm on the second Friday in November, which falls on 8 November 2024 this year.

When making an application to the FCFOA, parties must sign a certificate confirming they have made a ‘genuine effort’ to resolve the dispute before being eligible to commence proceedings. To meet the November deadline, it’s crucial to begin working towards a resolution as soon as possible, in case court intervention is required.

If you and your former partner are unable to reach an agreement, we can assist in negotiating with them (or their lawyer) to try to reach a consent agreement, avoiding the need for court proceedings. Seeking advice early maximises the possibility of resolving matters outside of court, or – if necessary, – filing an application ahead of the November deadline.

Our experienced team is here to help guide you through this potentially stressful time, so you can focus on a joyful Christmas. If you need assistance with parenting arrangements for Christmas or the long summer holidays, or if you’d like advice as to what arrangements may be appropriate in your situation, please contact our Family Law team to schedule a meeting with our solicitors.

Disclaimer: The content provided in this publication is intended for general informational purposes only and should not be construed as tailored advice to address specific individual or organisational circumstances. While we strive to offer accurate and up-to-date information, we cannot guarantee its accuracy at the time of receipt or its continued accuracy in the future. Readers are encouraged to seek professional advice or consult relevant authorities regarding their unique situations.