Words: Amy Nikolovski and Anita Brunacci Special Counsel, DBH Family Lawyers
While Australian family law offers guidance, reaching a mutual agreement is always the best approach. Here’s a quick guide on resolving disputes about holiday time and key deadlines.
1. Set up a parenting plan or court orders
To avoid disputes, parents should ideally have a parenting plan or court orders which covers arrangements for the holidays. Parenting plans are flexible, written agreements signed by both parents, while court orders are legally binding. These documents can outline who has time over each holiday, reducing last-minute conflicts.
2. Communicate early
If you haven’t reached a formal agreement, start discussing holiday plans as soon as possible. Consider options like holiday rotation, split holidays, and, where appropriate, the children’s preferences. Early, clear communication helps reduce misunderstandings and ensures both parents feel heard.
3. Use mediation if needed
If direct communication isn’t enough, consider Family Dispute Resolution (FDR) mediation, available through law firms, community organisations, and specialised mediation centres. Mediators help parents work toward a compromise, prioritising the children’s best interests. FDR is generally required before applying for a court parenting order unless the case involves family violence or urgent issues.
4. Legal options
If mediation fails, parents can apply to the Federal Circuit and Family Court of Australia for a parenting order. The court will make a decision based on the children’s best interests, focusing on stability, the children’s relationship with each parent, and practical considerations.
5. Plan ahead to avoid future conflicts
To avoid recurring disputes, parents can:
- Develop a recurring holiday schedule that includes holiday rotations or split time.
- Update arrangements as needed for changes in circumstances.
- Use a shared calendar to keep both parents on track with the plan.
Final thoughts
Disputes about the holidays can be emotionally taxing, but early communication, mediation, and planning can make them manageable. If conflicts persist, legal options are available.
With you, for you, DBH Lawyers.
More information:
Should you have any questions or concerns about your parenting arrangements contact the DBH Family Law team on FREE CALL 1800324324.