Need to change holiday parenting plans?

The festive season is approaching fast. While it brings most families together, separated parents face unique challenges.

You may already have a Court Order or parenting plan in place that outlines holiday plans. But things change, which sometimes means those parenting plans need to change with it.

These changes shouldn't stop separated parents from making holiday magic happen for their kids. But if you've got a need to renegotiate existing plans for Christmas, it's best to act early.

So, let's take a look at:

• Why early planning is your best gift
• Steps for changing Christmas parenting arrangements

Why early planning is your best gift

The earlier you start planning any changes to parenting arrangements, the better. Here's why:

1. Peace of mind. It's called the 'silly season' for a reason. So agreeing to any changes in parenting plans early can minimise stress. And it means you can enjoy your time with your kids more.
2. Flexibility. Early agreements gives you wiggle room to make any tweaks. And it can go a long way to ensure that everyone can enjoy their holiday.
3. Child-focused. Your kids deserve to enjoy the holiday season. And keeping discussions focused on them often makes negotiations much easier.
4. Court deadline. The Family and Federal Circuit Courts have a deadline for filing parenting applications. In 2024, this was Friday, 8 November. Applications filed after this date may not be looked at until 2025. In urgent cases, the Court may look at your application. However, it's best to get legal advice on whether your parenting matter is urgent.

Steps for changing Christmas parenting arrangements

Review existing arrangements

You need to understand what's currently in place. It's usually one of three scenarios:

1. An informal agreement. This can be verbal or written but it's not enforceable in Court
2. A parenting plan. This is a written agreement and tends to be more comprehensive than an informal agreement
3. Parenting Orders. There are two types of parenting orders. Consent orders are where you and our ex agree to the terms and the Court approves them. And there are Court-imposed orders which are made after a Court hearing.

It's a good idea to review what's in place to see what it says about the Christmas holidays. In some cases, arrangements or Orders are very specific. 

Negotiating a new agreement

Sometimes what's currently in place needs changing. Circumstances change and children get older. What works for a five-year-old may not be suitable for a ten-year-old.

This is where child-focused discussions come in. When negotiating or updating holiday arrangements, some things to bear in mind include:

• when school holidays start and end, if your kids are school aged
• how to divide school holiday time between each parent
• the arrangements for Christmas Eve, Christmas Day and Boxing Day
• when and where changeovers take place
• whether either parent has any travel plans scheduled during the holidays

Mediation

If it's difficult for you and your ex to reach an agreement, mediation can help reach a suitable outcome. It's often faster and more cost effective than going to Court.

Court

As we've already mentioned, the cut-off date for parenting applications to be heard in 2024 has come and gone. Urgent applications may get heard before Christmas, but holiday arrangements aren't considered urgent.

Wrapping it up

Changing parenting arrangements before Christmas doesn't need to be a nightmare. If you and your co-parent remain child-focused, that'll with amicable discussions. After all, the best gift you can give your kids is a drama-free holiday.

Start early, communicate openly, and always put your kids first. And give your kids a Christmas to remember - for all the right reasons!

Need help navigating parenting arrangements during the silly season?

If you need a helping hand negotiating parenting arrangements, our family lawyers can help.