Holiday Parenting Plans for Separated Parents: What Happens if You Can’t Agree?

From Christmas lunch and New Year’s fireworks to the long summer school holidays, this time of year should be about family, rest and celebration. But for separated or divorced parents, it can also bring challenging decisions about how children will spend the holidays.

If you and your former partner can’t agree on arrangements, time is running out.

The Federal Circuit and Family Court of Australia’s deadline to file for Christmas parenting orders is 4:00 PM, Friday 14 November 2025.

Miss this deadline and your application may not be heard before Christmas, leaving you without enforceable arrangements or under pressure to negotiate informally.

Below we cover what separated parents need to know, from parenting plans and orders to resolving disagreements before Christmas.

We’ve also created a free downloadable checklist, to help you plan arrangements, communicate clearly, and reduce stress during any school or public holiday.

Your Options: Parenting Plans vs Parenting Orders

Parenting Plans

A parenting plan is a written agreement between parents outlining how children will spend time with each parent. It can include:

• Living arrangements during school terms and holidays
• Special days such as Christmas, Easter, and birthdays
• Travel, communication, and decision-making arrangements

While not legally enforceable, parenting plans are a valuable tool for cooperative parents and can later be formalised into parenting orders if needed.
 

Parenting Orders

A parenting order is a legally binding document made by the Court, either by consent of both parents or following a hearing. Parenting orders provide certainty and enforceability and can:

• Specify exact times and dates for holiday contact
• Include “special day” clauses for Christmas and other events
• Prevent conflicting or overlapping provisions
• Restrict certain behaviours (e.g. criticism of the other parent in front of children)
• In rare cases, order that a parent spend no time with a child if safety is an issue

 Preparing for the Christmas Holiday Season 2025

The deadline to apply for Christmas parenting orders is  14 November 2025. If you miss it, your case may not be listed until January or February 2026. Filing early gives you time to:

• Ask the Court to hear your matter before the Christmas holidays begin
• Negotiate or formalise consent orders
• Ensure your application is properly prepared and compliant
• Reduce stress, costs, and uncertainty for everyone involved

Common Christmas Parenting issues

At Lamrocks, we regularly assist local families facing:

• Split-day arrangements (e.g. one parent has Christmas morning, the other has the afternoon)
• Travel consent issues for interstate or overseas holidays
• Conflicting orders (e.g. when a parent’s birthday falls on a “special day”)
• Unclear or outdated wording that leads to disputes

What Happens If You Can’t Agree

If you and your former partner can’t agree on holiday arrangements, the following steps generally apply:

1. Attempt Family Dispute Resolution

   Mediation is the first step for most parenting matters. After participating (or attempting to participate), you’ll receive a Section 60I certificate, which allows you to apply to Court for parenting orders if necessary.

2. Apply to the Court
   If Family Dispute Resolution fails or isn’t appropriate (e.g. due to safety concerns), you may file an application with the Federal Circuit and Family Court of Australia.
   The Court will always prioritise the best interests of the child.
    
3.  Urgent or safety-based applications
   If family violence or risk to the child exists, the Court can hear and make urgent interim orders, even after the November deadline.

Practical Tips To Avoid Conflict

• Start early. Begin discussing holiday arrangements months in advance.
• Stay child-focused. Consider what will make the holidays enjoyable and stable for your children.
• Put agreements in writing. Even informal written records can prevent misunderstandings.
• Include travel details. Provide notice and itineraries if travel is planned.
• Seek professional advice early. The family law team at Lamrocks Solicitors Penrith can help you review, update or draft your parenting orders, and ensure any necessary applications are filed before the 14 November 2025 Court deadline.

Free Download: Practical Tips To Avoid Holiday Conflict Checklist

To help you plan ahead, Lamrocks has created a free downloadable checklist with practical steps to make your arrangements smoother.

FAQs: Holiday Parenting Arrangements

Q: What is the deadline to file for Christmas parenting orders in 2025?
A: The deadline is Friday, 14 November 2025, at 4:00 pm. Applications filed after this date are unlikely to be heard before Christmas.

Q: What if we already have a parenting plan?
A: If your plan doesn’t clearly cover Christmas or school holidays, you may need to update it or formalise it into a parenting order.

Q: What happens if one parent refuses to follow the plan?
A: Only a parenting order is legally enforceable. A parenting plan relies on goodwill and cooperation. Seek legal advice early when a parenting order or parenting plan is not being followed by the other party.

Q: Can I take my child overseas during the holidays?
A: You’ll need written consent from the other parent or a Court order allowing international travel.

Q: What if there are safety concerns?
A: If family violence or risk to the child exists, you can apply for urgent or interim parenting orders. 

Q: Do I need a lawyer to file for parenting orders?
A: While you can file on your own, engaging an experienced family lawyer helps ensure your application meets the Court’s requirements.
 

How Lamrocks Solicitors Penrith Can Help

Our Family Law team includes accredited specialists and nationally qualified mediators, offering expert legal advice and practical dispute-resolution support.

If you need help updating your parenting arrangements or resolving a dispute, reach out today for a confidential chat.