The festive season is often a time for families to come together, for joyful gatherings and celebrating traditions. However, for some families Christmas can also bring to the surface longstanding tensions or new disputes, which may ultimately require legal intervention.
Whether it is disputes over financial matters or disagreements over child arrangements the seasonal pressure can make these issues feel or become worse.
In this blog, we explore some of the common family legal issues faced at Christmas time in and suggest some ways to resolve these pressures.
Financial Matters
Christmas is a time when families often spend more money than usual, which can lead to conflict.
Issues such as whether one parent is contributing enough towards childrens’ expenses, whether one party is controlling the matrimonial finances and not letting the other have a say and worrying about overspending and living beyond your means can bring matters to a head.
Consider:
- Child Maintenance Service: if you are already separated and believe one parent is not paying enough towards your childrens’ upkeep, you can apply for an assessment from the Child Maintenance Service. They have a very useful maintenance calculator that can give you an indication of what the other parent should be paying based on the paying parent’s income.
- Spousal Periodical Payments: also known as spousal maintenance. If you are divorcing you can seek an order for spousal maintenance from the Court. The Court is able to grant interim maintenance (known as Maintenance Pending Suit) whilst you go through the divorce process, until either agreement is reached or the Judge decides on what is a fair financial settlement in your case.
- Domestic Abuse Protective orders: if you feel that you are being financially controlled by your partner or spouse, by them restricting your access to bank accounts, credit cards or cash, making you ask permission to spend your own money, denying you access to the internet, phone or transport to prevent you from working or studying, refusing to contribute to shared costs or child support this is financial abuse and is classified as domestic abuse. Contact a solicitor who can advise you on obtaining a Non-Molestation and Occupation orders for the protection of you and your children as well as helping you manage your relationship breakdown.
Child Arrangements and Parental Disputes
One of the most common family legal issues during Christmas is disputes over child arrangements. For parents who are separated or divorced, agreeing on where the children will spend Christmas can become a source of stress and conflict.
Consider:
- Mediation – if separated parents can not agree on where the children will spend Christmas, you should first try to resolve the matter amicably by talking with each other or with the help of a third party such as a mediator. The last resort should be making an application to court
- Court – if you reach a stalemate and agreement cannot be reached you can apply to court for a Child Arrangements Order. This Order can set out where the child will live and how time is shared between the parents. The court will consider factors such as the child’s relationship with each parent, their age, and their preferences if they are mature enough to express a view.
Grandparents’ Rights to Spend Time With Grandchildren
Grandparents often find themselves in a difficult position when it comes to spending time with their grandchildren which can feel worse at Christmas, particularly after a divorce or separation.
Grandparents do not have an automatic right to spend time with their grandchildren but the Court does recognise the importance of children spending time with their extended family members.
Consider:
- Family Mediation: can help to resolve issues by parents and grandparents talking through the issues with each other and a mediator to hopefully reach an agreed way forward to ensure the children get to spend time with their grandparents.
- Court: again should always be viewed as a last resort. Grandparents need to apply to the Court for permission to apply for an order to secure them spending time with their grandchildren as they have no automatic right to do so (like a parent does).
Domestic Abuse and Protection Orders
Christmas can make a bad situation worse leaving you feeling trapped with your abuser at this time of year. The added pressures of the festive season can exacerbate unhealthy or unsafe dynamics within the home, which can be especially concerning if children are involved.
Consider
- In the first instance, if you are in immediate threat of serious harm, always call the police. They can remove your abuser from the property and can file criminal charges against them.
- Get support from Women’s Aid, ManKind or Galop who are charities specialising in supporting survivors of domestic abuse.
- Occupation Orders: can be obtained if your abuser is living in the same home this order can be obtained from the Family Court to prevent your abuser from returning to the property and placing an exclusion zone around your property;
- Non-Molestation Orders: are injunctive orders that the Family Court can make to prevent someone from being contacted, harassed, harmed or abused. If your abuser breaches a Non-Molestation Order, they can be arrested and charged.
How Nelsons can help
If you are concerned about any issues raised in this blog, please feel free to get in touch. In the meantime, if you cannot have a happy Christmas, we wish you a safe and peaceful Christmas.
Hannah Bridgwood is a Senior Associate in our expert Family Law team. She specialises in the breakdown of marriages and civil partnerships and financial settlements with complex issues and high-value assets.
At Nelsons, we have a dedicated team of experts who can give specialist advice and representation. If you need advice on any related matters, please contact Hannah or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
Hannah or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide along with details of our hourly rates and fixed fee services.
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This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
