It's the Most Litigious Time of the Year

It’s getting close to that time of year again, the holidays and winter break.  Many people don’t think about the Holiday season in October, but it’s on most family law lawyers minds as it can be one of our busiest times of year.  The Holidays happen each year but each year there are last minute applications to get some time with the children over Christmas.
Here are a few tips regarding the Holiday season and your family law matter:

1. Start early: The worst time to start thinking about how Christmas, or other holiday celebrations, will be split is in December.The courthouse is crammed with Christmas and holiday applications in December, leaving most unhappy and Grinchy.  The best thing to do is start early and try to negotiate with your ex-partner before the first leaf hits the ground.  The other good part about starting early is that Christmas may be able to be dealt with alongside other legal issues or may be resolved through negotiation rather than court.
   
2. Read through your agreements and orders: Normally your lawyer and you will have contemplated holidays and Christmas in your separation agreements.  Some Orders will also have Christmas access provisions added therein.  It is important to read through these agreements or orders as, barring a change in circumstance, they outline how the holidays will proceed each year.
   
3. Remember that most parents will get some winter holiday parenting time and there is usually an element of alternating year by year.  Generally the court will order each parent to have some time during Christmas or the school winter break to celebrate Christmas and if you have Christmas this year, it will probably be alternated next year.
   
4. Best Interests of the Children: The test for any parenting application is the best interest of the children.  Christmas or other holidays are no different and the same test will be applied. The focus will always be on the children and not you or your family’s specific traditions. For example Christmas Eve/Christmas Day may not be split if the child will spend most of Christmas in a vehicle. The views of the child are only one part of the test for the best interests of the child but may be considered the older the children get and especially when in their late teens.
   
5. Remember Christmas is not just one day and especially after a separation new traditions will have to be made.  There are many traditions that can be modified to occur on alternate days.  Be creative and find things that you and your family enjoy and incorporate them into the holiday season.
   

The Holidays are an emotional time and wanting to be with your children during this time is important.  If you want to discuss your specific situation with one of our lawyers, please contact us.  Please note that we need to know if you need to make alternate Christmas plans by the end of October.

Allison Ross

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