The first Christmas after separating can bring up a lot of feelings, and a lot of questions. Where will the children wake up on Christmas morning? Who has them for the long summer break? How do you sort it out without a fight?
Here is a calm, practical guide to getting the children’s Christmas arrangements settled early, using information from the Family Court of Western Australia and Legal Aid WA.
Why it pays to start now
The WA Department of Education lists Thursday 17 December 2026 as the last day of Term 4 for public schools, and Monday 1 February 2027 as the first day of Term 1. That is about six weeks of summer holidays, with Christmas Day, Boxing Day and New Year all inside it.
Talking early gives both parents time to think, to check work rosters and family plans, and to sort out any sticking points before the holidays arrive. Leaving it until mid-December can narrow your options and add pressure for everyone, including the children.
What arrangements usually cover
Christmas plans often need more detail than an ordinary week. The Family Court of WA’s examples of parenting orders show the kind of detail that is often used, such as:
- alternating Christmas each year, for example from 5pm on 24 December until 10am on 26 December
- time with the other parent straight after, for example from 10am on 26 December
- a block of time during the Christmas school holidays, for example three weeks starting on a set day in January
- who collects the children, from where, and at what time.
These are only examples. Every family is different, and what suits one family may not suit another. The aim is an arrangement that is clear, workable and focused on the children.
Putting it in writing: a parenting plan
If you and the other parent can agree, you can record your arrangements in a parenting plan. The Family Court of WA describes a parenting plan as a written agreement, signed and dated by both parents, that sets out the agreed parenting arrangements. You do not need to go to court to make one.
The Court says a parenting plan can cover arrangements for special days such as birthdays and holidays, as well as who the children live with, the time they spend with each parent and with other people such as grandparents, and how disagreements about the plan will be resolved.
There are two things to know. First, the Family Court of WA says a parenting plan is not a legally enforceable agreement, which means the court cannot make either parent follow it. Second, because it is voluntary, it can be changed at any time as long as both parents agree. The Court can consider a parenting plan if either parent later applies for parenting orders (orders made by the court about the children’s care).
If you want your arrangements to be made into court orders without a court hearing, you can ask about consent orders (orders the court makes based on what both parents have agreed). A lawyer can explain whether that suits your family.
If you cannot agree
If talking has not worked, family dispute resolution may help. Legal Aid WA describes family dispute resolution as a type of mediation, where you meet with an independent practitioner who helps you try to reach an agreement. The practitioner cannot give legal advice or decide the outcome.
Legal Aid WA says that in most cases the law requires you to try family dispute resolution before you start a case in the Family Court of WA for orders about children. You must give the court a certificate signed by a family dispute resolution practitioner, and without it the court will not accept your application. There are exemptions, including when there has been, or is a risk of, family violence or child abuse.
It is also worth knowing how long court takes to get started. The Family Court of WA says the first hearing is usually 42 days after the application is filed. Interim orders (temporary arrangements while the case is being dealt with) can be asked for, and the Court says urgent hearings are generally for cases where children are at risk. Court is rarely a quick way to settle holiday plans, which is another reason to start talking early.
What to do next
- Raise the Christmas holidays with the other parent now, calmly and in writing if that is easier.
- Be specific: dates, times, handover places and who does the driving.
- If you agree, write it down in a parenting plan, signed and dated by you both.
- If you cannot agree, get advice early about family dispute resolution and your options.
- If you or your children are not safe, put safety first and get help straight away.
If you would like help sorting out your children’s Christmas arrangements, call Joss Legal on (08) 6559 7480 or book an appointment through our website. We will talk you through your options in plain English.