It’s that time of year again where all the woollens are out in full force and impulse buys when you’re out shopping are nearly impossible to resist. That’s right –  we’re nearing the beginning of November and the Christmas cheer is really beginning to set in.

But for many divorced parents this can be challenging time. Christmas is traditionally a time spent around family and the prospect of not having your children around can be daunting and sad.

However, to spare yourself the trouble of the legal aspects read out helpful blog made up of the frequently asked questions when it comes to Christmas and your children.

Can I demand to see them?

If there are no court orders between the parents as to whom has the residential rights, then you can ‘demand’ to see them. However legally and morally you are required to come to an agreement. Coming to an agreement will work in favour of both parties as the opposing party may take up your behaviour and try and settle the agreement via mediation or even further,  through a court order.

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If I didn’t see them last year, can I see them this year?

Again there are no set rules if there are no court orders. However, there is a general consensus that Christmas should be hosted on a year by year basis by each partner. If your ex and you agree on this then that is perfectly fine. However, if you would like to have a legal requirement then you will need to place a request to the courts to decide that for you.

My kids want to spend Christmas with me, but my ex won’t allow them too – what can I do?

A child arrangement order must be applied for. The children’s wishes and feelings are most definitely taken into consideration when this order is applied. This can also be applied to if your ex agrees to let you have the children and then changes their mind. If there is no hard and fast court agreement there really is no way to deal with it aside from going through a mediation route. Get your solicitor to write you a letter encouraging them to come to the table to make an agreement can usually help to keep costs down and ensure a peaceful negotiation.

For legal advice on family law or to clear any questions please call us on  0116 2999 199 or alternatively you can email us at info@d-w-s.co.uk