Do You Need Legal Assistance Surrounding Parenting Arrangements for the Holidays?

1. Do You Need Legal Assistance Surrounding Parenting Arrangements for the Holidays? The Christmas holidays should be a time when everyone gets the chance to rest and reconnect with their loved ones. Unfortunately, for couples or families who have recently separated, it can be a stressful procedure to negotiate parenting arrangements in the leadup to the end of year. Begin the Process Early If you foresee potential disagreements arising over plans for the Christmas holidays between your ex-partner, it is best to address these issues as early as possible. This is so that disputes are clear and settled, and the holidays can be spent without worrying about concerns which may lead to tension and conflict. If you and your ex-partner lay out plans and compromises in advance of holiday separations, this will be the best outcome for your children and family, as everything will be resolved without requiring legal assistance. While it may seem easier to put off the hard conversations, it does become increasingly challenging and heated once the holidays draw nearer.

2. What If There is a Disagreement? Due to the nature of some separations, as well as challenges pertaining to either party, sometimes recently separated couples are not able to come to clear terms regarding planning for the holiday period. Unfortunately, the courts become very busy in the leadup to the year’s end, and it can be exceedingly difficult to arrange a court date before the Christmas shutdown. A potential alternative to aid negotiations can be to contact a solicitor, who can mediate a discussion with your ex-partner to ensure you arrive at a workable outcome with regards to Christmas arrangements, school holidays provisions and other special occasions. What are the Other Choices? If mediation is not a good option, then you may wish to engage a solicitor to manage communications with your ex-partner, or with their solicitor. This can be a useful process to avoid the potential challenges which could arise from a face-to-face discussion between you and your ex-partner, and this will usually result in a beneficial arrangement for any children involved. An experienced solicitor will be able to bring their expertise and familiarity with similar situations to find an agreement which will work best for you and your ex-partner. What About Overseas Travel for my Family or My Children? If a passport needs to be arranged for children when one member of a separated couple wants them to travel, the non-travelling parent will need to sign off on the ​relevant passport application​. If the non-travelling parent does not wish to provide consent for the children to travel, either out of concern for the child’s wellbeing or for any other reason, then you should consult a legal professional for advice before making an application to the court. Both the ​Family Court or to the ​Federal Circuit Court are able to make an order requiring the other parent to sign a passport application, or to make an order that the application can be made without their signature. In these situations, the court will rule in accordance with whatever is in the ​best interest of your child​. Ideally, provisions can be made beforehand, so that both members understand the conditions in which ​parties can travel with the child​, and there is no need to clarify disputes after costs such as plane tickets or hotel bookings have been undertaken.

3. If you will require assistance with an ex-partner in the leadup to the holiday period, especially with regards to travelling internationally with your children, please speak to one of our team members at ​Coleman Greig’s Family Law or ​Coleman Greig’s Family Law Accredited Specialists​ today. Source: ​colemangreig.bookmark.com