Separated parents have been urged to make their Christmas arrangements "as soon as possible" to avoid ending up in court.
Christmas is fast approaching - and with just eight weeks to go - one family law firm has urged separated parents to negotiate where their children are spending the festive season.
If co-parents cannot agree on where their children will spend Christmas, they could end up in court with a Sheriff making the decision for them, according to the legal experts.
Johnson Legal has advised that it can take up to eight weeks to fix a court hearing since the courts are very busy in the lead-up to Christmas.
Beverley Johnson, Head of Family Law and Director of Johnson Legal Family Law, said: “Christmas can be a wonderful time of the year for families however, it can also be a really difficult time for separated parents.
“If you and your ex cannot agree on festive arrangements, speak to a Family Lawyer now to ensure your case can be heard before Christmas.
Johnson Legal highlighted that the courts generally try to reach a compromise with both parents in respect to Christmas plans.
For instance, children could spend most of Christmas Eve with one parent and then most of Christmas Day with the other.
Alternatively, one parent might have Christmas with the children this year and the other spends Christmas with them next year.
Beverley said: “There is no one size fits all solution, so you can rest assured that the court will consider your family’s specific circumstances. The focus is always what’s best for the children.
“Following a court case, some parents might even agree to spend part of Christmas together, perhaps to open presents from Santa with their kids.”
However, the Scottish Law firm has emphasised that court should be the "last resort" in situations concerning children.
Beverely continued: "If you’re having difficulties agreeing Christmas arrangements with your ex, speak to a Family Lawyer first as they will be able to assist you in negotiations.
“If these are unsuccessful, your solicitor can then take the case to court ahead of Christmas to confirm an agreement.”
Three ways to avoid ending up in court ahead of Christmas 2023
1. Plan your Christmas arrangements now
With less than two months until Christmas day, Johnson Legal flagged that it’s crucial to discuss Christmas plans as early as possible when considering festive co-parenting arrangements.
“Be respectful when discussing Christmas with your ex and make it clear that you understand their position. This applies whether you agree with it or not and this can take the heat out of a difficult discussion,” Beverley said.
2. Consider what your children want
The law firm also highlighted that although you might want to spend as much time as possible with your children over the holiday period, remember that your ex-partner will also want to spend time with them.
Beverley added: “Do your best to view things from the point of view of the children, rather than thinking about what you and your partner want.
"This can help to shift the focus away from your own interests while also ensuring that your children have a say in Christmas plans.”
3. Think about Christmas logistics
Beverley emphasised that it’s also of the utmost importance to think about the logistics of your Christmas arrangements.
She said: “Ask yourselves; will the children be okay with leaving presents at one parent’s home to go to the other parent’s house?
Will you be able to travel between each parent’s homes on a day when weather conditions might be poor and public transport is limited?”
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