Christmas can be one of the most anticipated times of the year. For separated parents, it can also bring difficult questions about how the holidays will work.
Who will the children spend Christmas Day with?
How will the school holidays be divided?
Can the children travel interstate?
And what happens if you and the other parent simply cannot agree?
Court filing deadlines
If you are already having difficulties reaching an agreement about your children’s arrangements for the Christmas holiday period, now is the time to seek advice.
If you do not currently have a formal parenting arrangement in place (i.e. a parenting plan, interim or final parenting order) and are considering commencing proceedings in the Federal Circuit and Family Court of Australia, there is an important filing deadline.
In 2026, you need to file your application by 4.00pm on Friday 13 November 2026.
Applications filed after the deadline may not be heard until after Christmas, unless there are circumstances that justify an urgent hearing.
Importantly, the fact that Christmas is approaching does not, by itself, make a parenting dispute urgent.
Does this mean you have to go to Court?
No.
Not every disagreement about parenting arrangements requires a Court application. Court proceedings are generally commenced as a last resort when parents have been unable to resolve the dispute between them.
When parents cannot agree, there are often several steps that can be taken before Court proceedings become necessary.
Depending on your circumstances, you may be able to:
- Negotiate directly with the other parent;
- Negotiate through lawyers;
- Participate in family dispute resolution;
- Formalise an agreement through consent orders; or
- If an agreement cannot be reached, commence Court proceedings.
The right approach will depend on your family, the issues in dispute and any existing parenting arrangements or orders.
If an existing arrangement is no longer working, or you and the other parent are struggling to reach agreement, getting legal advice early can help you understand the options available before the situation becomes more difficult to resolve.
And if Court proceedings become necessary, time matters. There are documents to prepare, procedural requirements to consider and, in many cases, steps that need to be taken before an application can be filed.
The advice you receive will depend on your individual circumstances and, most importantly, what is in the best interests of the children. This is the paramount consideration of the Court when considering any proposed parenting arrangement.
Christmas may be the immediate issue, but any proposed arrangement still needs to be considered in the broader context of your children’s safety, wellbeing and best interests.
What if you already have parenting orders?
Existing parenting orders should not be ignored simply because Christmas is approaching or because the family has followed a different informal arrangement in previous years.
If you already have parenting orders in place, seek legal advice before assuming that an informal agreement, a previous Christmas arrangement or a change in circumstances allows you to depart from those orders.
Similarly, if the other parent is not complying with existing orders, or you believe the current arrangements are no longer appropriate for your children, there may be legal options available.
Seeking advice early can help you understand your position before the holiday period places additional pressure on the situation.
What if the matter really is urgent?
There are circumstances where a parenting matter may require urgent Court intervention.
For example, there may be concerns about a child’s immediate safety, family violence, a risk that a child may be withheld or removed from Australia while travelling, or another circumstance requiring urgent consideration by the Court.
Don’t wait until December
If you are separated and concerned about your parenting arrangements for the Christmas holiday period, dealing with the issue early gives you more options.
You do not need to have decided whether you want to go to Court before speaking with a lawyer.
Often, an initial conversation can help you understand where you stand, what options are available and what steps, if any, should be taken now.
The aim is not to create more conflict around Christmas. Rather, it is to give your family greater clarity before it arrives.
This article is general information only and doesn’t constitute legal advice. Every family law matter is different. If you’re navigating a separation, get advice specific to your circumstances.