The festive season should be a time of joy, but for separated or divorced parents, agreeing Christmas contact can feel stressful, especially if plans are left until the last minute.
The good news? In most cases, you don’t need to go straight to court. Parents in England and Wales can often agree arrangements themselves, using tools like mediation and a Parenting Plan. Court involvement is usually a last resort if agreement isn’t possible.
If you already have a Child Arrangements Order that needs changing, or if it isn’t being followed, there are clear legal steps to vary, enforce, or make urgent applications. All decisions are guided by the Children Act 1989 welfare checklist, which puts your child’s needs first.
Here’s our practical guide to planning a child-focused Christmas in Tameside and Greater Manchester.
Do I need a court order for Christmas contact?
Not always. Start with non-court options:
Mediation: Before applying to court, you’ll usually need to attend a Mediation Information & Assessment Meeting (MIAM) unless an exemption applies (such as domestic abuse or genuine urgency).
Help with costs: Parents may qualify for a government family mediation voucher worth up to £500.
If agreement isn’t possible: You can apply for or vary a Child Arrangements Order using Form C100 (online or paper).
How can we agree a child-focused festive plan?
Think ahead and write it down. A Parenting Plan (now called Our Child’s Plan by Cafcass) should cover the whole holiday, not just Christmas Day.
Popular options include:
- Alternating Christmas each year
- Sharing Christmas and Boxing Day
- Scheduling a “second Christmas” on another date
If in-person time isn’t possible, include video or phone contact. Agree handover times that reduce stress, and keep adult conflict away from children. Never ask children to “choose”, it puts them under pressure.
What if my Child Arrangements Order is breached?
If an order isn’t being followed, you can apply to enforce it using Form C79.
The court can:
- Issue enforcement orders (including unpaid work)
- Award compensation for financial loss
- Give warnings or activity directions
- The child’s welfare remains the top priority.
Is there an urgent route if things go wrong?
Yes, but urgent or without-notice applications are only for serious situations, such as risk of harm or unlawful removal.
HMCTS guidance explains how urgent hearings work, but the court still expects parents to resolve disputes safely wherever possible.
Bromleys is here to help
At Bromleys, we’re friendly, expert family law solicitors who are committed to doing what’s right for you and your children. We’ll help you know where you stand, explore mediation where safe, and act quickly if a court order or enforcement is needed.
Call us on 0161 330 6821 or email bromleys@bromleys.co.uk for expert, confidential guidance.