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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Alternate Christmas (court order)

6 replies

BudgeOver · 17/10/2023 14:22

Judge in the court case outlined Christmas must be done alternately with New Year. Apparently some courts aren't in favour of sharing Christmas day and I can understand why because I don't much like tooing and froing either.

Does having Christmas generally mean Christmas day only and having New Year mean New Year's Day only?

I have to be so careful with how I play this, because my ex is the kind of person that abuses, twists and manipulates, and if you give an inch will not just take a mile but at least 10 miles! I find I have to cover my back and start how I mean to go on or else bad things happen.

Children have two weeks off at Christmas and we are slowly working towards shared holiday time, though oddly enough only half-terms and summer holidays were written in the court order specifically, to share on an alternate basis for half term and shared according to parental annual leave allowance (but both parents can't take off 3 weeks each to make it 50:50 during summer holidays so resident parent gets the lions share).

I should point out, it's not a 50-50 living arrangement but the more old fashioned 10:4 split every 14 days, though, not sure whether knowing this makes any difference or not. I thought it might be that these things are allocated one way if there is not an even split and another way if it's a 50-50 shared care arrangement.

I know that everything has to be in the best interest of the children rather than the interests of parents or extended family, but it's hard to know what children would prefer without putting them on the spot by asking. I invited the eldest to say what their preference might be, seeing as Christmas is all about the children, but they didn't like being involved in the decision making so I respected this and moved on.

The way I see it, we have several options:
#1. Both parents literally take one day each, and alternate that each year. So one parent has Christmas day and the other parent has New Year's day and then the next year it's swaps around. Normal weekly arrangements continue as though it were school time.

#2. Both parents take 2 consecutive days each, so one parent has either Christmas Eve and Christmas Day or Christmas Day and Boxing Day, and the other parent has NYE and New Years Day. Normal weekly arrangements continue as though it were school time.

#3. Both parents choose a whole week each like they do at half term or summer holidays, and have all of Christmas or all of New Year - however this is complicated when the calendar falls wrong so the first week is cut in half to avoid the wrong parent taking Christmas Day when it's not allocated to them, then give the middle week to the other parent to have their full week, followed by another half a week at the end to get the allocated New Year's Day.

#4. Both parents choose a week each and have all of Christmas or all of New Year and switch their weekends around to make it work so the parent who should have Christmas gets that whole week, come rain or shine! And the same with New Year. So the swapping of weekends would negate the need to split weeks for one parent.

Any helpful suggestions would be very welcome, but please don't say that it should be 50-50 and no haggling because much as I would prefer that, you can't choose who you co-parent with (or perhaps more accurately 'parallel' parent with) and you sadly have to work with what you've got, exercising as much wisdom and tolerance as possible whilst safeguarding the children through it all.

OP posts:
NorthernSpirit · 17/10/2023 15:17

My SC are on an alternative Christmas & New Year court ordered agreement.

Christmas year - the kids come Christmas Eve & go home on the 29th (so we have them for 5 nights)

New Year - they come on the 29th and stay until the 2nd Jan.

It’s a shame court orders aren’t more defined as it stops mis-interpretation, or the parent who thinks they are in charge dictating contact.

The above schedule took years to get to & court intervention as the mother would twist the wording in the original order to suit her.

BudgeOver · 17/10/2023 15:50

Thank you so much @NorthernSpirit this is really helpful. Did the judge specify 5 days or did you and the mother come to that arrangement yourselves?

Also, if you don't mind me asking, once the 5 days were agreed did it ever interfere with your normal time, like a mid-week or a weekend, and if so, how did you negotiate that?

OP posts:
NorthernSpirit · 17/10/2023 16:26

A Judge decided.

What was typically happening is that the mother would dictate depending on how it suited her. After years of my OH being ‘told’ when he could see the children (one Christmas he was ‘allowed’ to have the kids Christmas Day only (and she gave herself the rest of the holiday) - he said enough was enough.

The mother is highly controlling & contact was always on her say so / terms. He went through years of this and it took I would say 5 years (and numerous court cases to sort it). Sadly he couldn’t discuss / negotiate with her - everything had to be her way or nothing. She is extremely bitter & controlling & has stopped contact as much as she could.

I do think that one year the mother tried to argue that a Christmas Day was on her weekend. By then it was non negotiable as there was an iron clad CO in place. Holidays normally overrides an EOW (etc arrangement).

Good luck 🤞

BudgeOver · 17/10/2023 17:16

It sounds so acrimonious, it's always the poor children stuck right in the middle of it. I hope she left them out of her bitterness.

It's interesting to know holiday usually supersede EOW contact arrangements, I wasn't sure which it would be. Thank you for that. I wish there was a court Q&A of 'usual stuff' that would answer what's normal and expected!

OP posts:
BingoDingoZingo · 18/10/2023 07:21

My arrangement was alternate weeks 50/50 but for Xmas we took turns regardless of who’s week it was. Kids arrived Xmas eve evening and went to other parent Boxing Day morning. Over the years as they got older it changed to swapping lunchtime Xmas day. Ours was amicable though and agreed between ourselves.

wellthatslovely · 18/10/2023 13:08

We have agreed to adjust our usual pattern so that one parent gets the first week of the two week Christmas holidays, the other one the New Year week and then drops back to previous pattern.

This year it happens they break up on a Friday on his weekend anyway so he has Christmas week. This suits me actually as I am not a huge fan of Christmas and DPs custody pattern means he's free Christmas Day and Boxing Day to spend with me.

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