The DO’S and DON’TS of Family Law for Christmas

For most of us, Christmas is a time to see family and friends, swap presents and stories and enjoy each other’s company. Christmas holidays can be a time of mixed emotions, particularly for families experiencing divorce or separation. The holidays can bring stress and conflict and be challenging for both parents and children as they adjust to a changing family dynamic.

DO’s

• Communicate with the other parent for spending time with the children over the Christmas period and school holidays.
• Follow the terms of any Parenting Plan or Consent Order.
• Consider alternating Christmas Eve/Christmas Day so that each parent has an
• opportunity to have either Christmas Eve or Christmas Day with the children.
• Allow the children to video call or speak to the parent they are not spending time with to share in their excitement.
• Arrange a Family Dispute Resolution Conference (Mediation) with the other parent if you have not been able to reach any agreement or if you want to change the current parenting arrangements.
• Arrange to formalise any custody and access arrangements by way of a Parenting Plan or Parenting Order.
• Get Family Law legal advice if you are contemplating separating or have separated.
• Follow the terms of any Domestic Violence Protection Order. If you breach the terms of a Protection Order this is a criminal offence.
• Ask your children what they would like to do. Give them input and some control over the process.

DON'Ts

• Don’t commit to events involving the children’s attendance such as holiday camps holidays away or overseas until discussing this with the other parent.
• Don’t take your children overseas without the written agreement of the other parent if you have a Parenting Order in place which doesn’t allow for such travel or if an
• Application for a Parenting Order has been filed in the Court.
• Don’t change your plans at the last minute. If you and your former partner have agreed on a plan, only change it if you both agree.
• Don’t run out of time. If you have a time limit approaching for property settlement or maintenance matters file court proceedings within the time limit.
• Don’t commit any acts of family or domestic violence including against your partner or children and do not expose your children to domestic violence.
• Don’t denigrate the other parent in the presence or hearing of the children.
• Don’t relocate the children’s residence without the consent in writing of the other parent or without a court order.

Liability limited by a scheme approved under Professional Standards Legislation. This newsletter is intended to provide general information. You should obtain professional advice before you undertake any course of action.