From choosing the school to splitting school holidays when divorced in Australia, particularly for the holiday period from December 16, 2023, to January 29, 2024, careful planning and consideration must be done together by the parents.
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ToggleFactors to Consider by the Parents
- Advance Planning: Early discussion and planning with your ex-partner are crucial to minimize conflicts. Decide on changeovers, holiday destinations, activities, and time spent with extended family members
. - Involving Children in Decisions: Older children should be involved in decision-making, with adjustments made as they grow older. Younger children might require different arrangements than teenagers
. - Overseas Holidays: If overseas travel is involved, ensure that you have the other parent’s written consent or a court order permitting travel, particularly if there are ongoing parenting proceedings
. - Communication During Holidays: Keep open communication lines about holiday plans and itineraries to ensure both parents are at ease
. - Handling Special Occasions: Parents may alternate years or split the day for significant dates like birthdays or Christmas to ensure both get time with the children
. - Equal Time Distribution: There’s no presumption that children will spend equal time with each parent during school holidays. Arrangements should be based on what is best for the children, considering any existing court orders or parenting plans
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Remember, the key is to focus on the children’s best interests, maintain open communication, and be flexible to accommodate the changing needs of the children and both parents.
Also read: Can I Stop My Ex from Taking My Child Abroad?
What Steps Should A Parent Take If Their Child Is Being Withheld From Them During The Holidays?
Dealing with a situation where your child is being withheld from you during the holidays can be emotionally distressing and frustrating.
However, remaining calm and taking appropriate steps to address the issue effectively is essential. Here’s a step-by-step guide to navigating such a situation:
- Attempt Direct Communication: First, try to communicate directly with your ex-partner to understand the reason for withholding your child. Approach the conversation calmly and respectfully, expressing your concern for the child’s well-being and attempting to resolve the issue amicably.
- Review Custody Agreement: If a formal custody agreement exists, carefully review its terms regarding holiday arrangements. Understand your rights and responsibilities as outlined in the agreement.
- Document Communication: Document all communication attempts with your ex-partner, including phone calls, emails, or text messages. Maintain records of the conversations and any agreements reached.
- Seek Mediation or Legal Advice: Consider seeking mediation or legal assistance if direct communication fails. Mediators can facilitate a neutral and structured discussion to help you and your ex-partner reach an agreement. Consulting a family law attorney can provide legal guidance and representation if mediation fails.
- Contact Authorities: If you believe your child is in immediate danger or there is a risk of harm, contact the police or local child protection services.
- Prioritize Child’s Well-being: Throughout the process, prioritize the child’s emotional and well-being. Avoid engaging in conflict or arguments in front of the child.
- Seek Emotional Support: Don’t hesitate to seek emotional support from family, friends, or a therapist to cope with the stress and challenges of the situation.
Remember, the focus should remain on ensuring the child’s best interests and maintaining a positive relationship with them. Approach the situation with patience, understanding, and a willingness to seek professional help if needed.
Also read: Get sole custody of children in Australia
Older Children Decision-Making Involvement
Involving older children in decision-making for holiday schedules can be beneficial. As children grow, their preferences and needs change, and they may have more defined opinions about how they wish to spend their time during holidays.
Engaging older children in these discussions helps ensure their voices are heard and considered, which can contribute to a more harmonious and effective arrangement that suits the entire family.
However, it’s important to balance their input with the practicalities of the situation and the best interests of all family members involved
How to Split School Holidays When Divorced?
Struggling to find a balanced way to split school holidays after your divorce? Our child custody lawyers are here to guide you through this challenging process. We understand the complexities of arranging holiday schedules that work for everyone, especially your children. Our expert team will help you navigate these negotiations with fairness and sensitivity, ensuring the best outcome for your family. Don’t let holiday planning add to your stress. Contact Justice Family Lawyers today for compassionate and professional assistance tailored to your unique family situation. Let us help you turn a new page this holiday season.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.