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.

Why Should Parents Plan Christmas Arrangements Early?

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.

Important Court Deadlines for Christmas Parenting Disputes

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.

What Happens If Parents Cannot Agree?

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.

Need Advice About Parenting Arrangements?

The holiday period can be one of the most challenging times for separated families. Planning parenting arrangements early and understanding your legal rights and obligations can help minimise conflict and provide greater certainty for both parents and children.

Whether you're negotiating holiday arrangements, reviewing existing parenting orders or dealing with a parenting dispute, obtaining timely legal advice can help you achieve the best outcome for your family.

Anne-Louise Pham, Principal Lawyer and Head of HOCW's Family Law team, advises clients on parenting arrangements, parenting disputes, divorce, property settlements and a wide range of family law matters.

Visit Anne-Louise Pham's profile to learn more about her experience and how she can assist.

^{This article was originally prepared by paralegal, James Tighello, paralegal and lawyer, Emmalaura Messer, during their time at Hicks Oakley Chessell Williams}