As Christmas and the long school holiday break approaches it is important that separated families have their parenting arrangements agreed so that their children can enjoy a positive holiday experience.
For a lot of families this involves coming to an agreement about whether or not the arrangements from the previous year will be applied again this year. When it is a family’s first Christmas apart this might be particularly difficult to work through as it is likely that the children will need to share their time between the parents and extended families for the first time.
Sometimes parents will want to alter the children’s care arrangements for the holiday period due to travel plans or because last year the arrangements didn’t work very well.
As with all decisions relating to parenting after families separate, the focus should be on what is considered to be in the children’s best interests. This will often be different for each individual family and their children.
According to the Family Law Act 1975, what is in the children’s best interests should be determined taking into account the following factors:
- The safety and well-being of the child and their caregivers;
- The child’s wishes and views;
- The child’s developmental, emotional, psychological and cultural needs;
- Each parent’s ability to meet the child’s needs;
- The importance of the child’s relationship with both parents and extended family;
- Any other factors unique to the family’s circumstances.
Despite this framework for determining what is in the children’s best interests, separated parents will often disagree about the children’s living arrangements both during the school term and during special occasions and holiday periods.
Some families might have new partners or blended families that need to be considered, and other families might want to prioritise their own travel plans and interstate or overseas holidays.
The most important thing is to start thinking about the arrangements as soon as possible and come to an agreement between the parents which should then be formally recorded so that the plan is clear for both families.
When separated parents are unable to agree on arrangements for their children then they may require legal advice and assistance to negotiate or mediate with respect to those arrangements; and if they are still unable to be agreed, they may need the court to decide for them.
The deadline for making an Application to the Federal Circuit and Family Court of Australia this year for parenting arrangements that include Christmas and/or summer school holiday time, is Friday, 13 November 2026. In order to file such an Application a solicitor will need time to take proper instructions and to prepare the required documents necessary to be filed with the court. If the Application is not filed by this date, then the Court may not be able to consider and determine the issue(s) prior to the end of the year.
Given that the time limit for making these Applications is approaching, it is important that you take steps now to ensure that your school holiday and Christmas arrangements are worked out and that you otherwise seek out advice as soon as possible.
For further support or legal advice, contact the family law team at Mellor Olsson Lawyers.