Care and Contact Arrangements during the Holiday Period - What are my options?
It is not unusual for us to receive queries in December regarding care and contact with children over the Christmas and holiday break. For some separated parents, these arrangements can be difficult to plan and addressing any difficulties early can end up saving stress closer to the time.
Any arrangements for your children will be dependent on your circumstances. If there is already a formal Parenting Order, or a less formal Parenting Agreement, in place which states who the children will be with on Christmas Day and during the holiday period, then unless both parents agree, this arrangement must be adhered to.
If you are yet to make arrangements – the first step is reaching out to the other parent to see what their plans are. It is important to consider both yours and the other parents’ plans and to be as realistic as possible when deciding.
Do either family have cultural or religious traditions that the children would benefit from attending? Will either party be travelling during the season or are there extended family members travelling to you? Is it possible for the children to see both families on Christmas Day? Will you get time off from work?
If talking with the children’s other parent is not an option or has been unsuccessful in reaching an agreement, you can request a family lawyer assist with these communications.
Ultimately, any decision should be based around the best interests of the children.
What if we cannot agree prior to Christmas?
If you aren’t able to agree on contact arrangements through communication, there are a couple of options available.
Family Dispute Resolution (FDR) is a mediation service ran by qualified mediators and can assist parties in resolving any issues and disputes in relation to care of the children. Before completing Mediation, it is usually expected that parties attend a Ministry of Justice-approved Parenting through Separation Course. Exemptions from these courses are available.
You may wish to have your lawyer assist with any negotiations, although in most cases your lawyer wouldn’t attend mediation with you.
If there are urgent factors involved, such as impending planned travel arrangements, you could apply to the Court on an urgent (without notice) basis. In certain circumstances, the Court may make an Order without the other parent having the opportunity to defend the Application. Otherwise, a Hearing would be scheduled. Whilst it might not be possible to get a Court Hearing before Christmas, your matter would be fast-tracked in the Court system.
In urgent circumstances, it is always best to seek advice from a family lawyer regarding your situation.
What happens if something goes wrong over the holidays?
It is important to note that most lawyers, and the Family Court, are not available on Christmas Day and other statutory days during that holiday period.
If there is a Parenting Order in place, there are options you can take to enforce the Order. The Police may be able to assist in communications with the other party at this point, however, the Police do not have any power to ensure the Order is complied with.
If one party is refusing to comply with the Order (for example, refusing to return the child/children to the other parent’s care), you can apply to the Family Court for a Warrant to enforce the Order. This means that, if granted, the Warrant enables a police officer or social worker to uplift the children and return them to your care, as per the Order. There are also repercussions for a person who has intentionally breached a Parenting Order and/or tries to prevent a police officer or social worker from uplifting a child where a Warrant to Enforce has been issued– including criminal charges.
If there isn’t a Parenting Order in place, it could be worth discussing with a family lawyer whether there are grounds to make an urgent Application to the Family Court for a Parenting Order.
Our office is closed to the public from 12.00pm midday 23 December 2021 and will re-open on 6 January 2022 at 8.30am. If you would like any further information or advice regarding holiday care and contact arrangements, please contact one of our family lawyers on (03) 214 0777.