With Scotland’s tier system in place (for now at least) and a national lockdown just announced for England, Christmas 2020 is undoubtedly going to look very different from our usual celebrations. It’s typically around this time of year that separated parents begin to consider contact arrangements over the festive period. Whether the arrangements are by agreement or are ordered by a court, it can be difficult to coordinate family plans and discussing the division of the holidays can be an anxious time. Add in the complete uncertainty as to what the restrictions are likely to be in 7 weeks’ time, organising Christmas contact arrangements has turned into a complete minefield.

Here’s what we know: so far, there have been no UK pandemic restrictions preventing children from going between the homes of separated parents. We can predict, with a degree of certainty, that children will be legally able to go between homes freely during the Christmas period. That means Christmas contact should go ahead. If there is any doubt, or one party is adamant the restrictions will prevent contact, seek legal advice as soon as possible. It’s much easier to attempt resolution in good time before December even begins, never mind a few days before Christmas.

Real life is often not as simple as the rules would suggest. Even though contact will likely be permitted, there are many factors which may make Christmas contact in 2020 challenging logistically. One parent may reside far away, either in a different health board locality or in a different country entirely. It’s impossible to predict whether travel arrangements may be cancelled or tighter international restrictions imposed. In the present circumstances, the only thing that can be done is to make plans and hope for the best. If the unexpected occurs, travel is not possible or arrangements get brought forward/pushed back then there is one key piece of advice for the involved parties: be reasonable.

It can be very challenging to be understanding at such an emotive time of year. It can also be tempting to apportion blame if things don’t turn out as hoped – plans could have been better thought through, things could have been done better or “this would never have happened if…”. In 2020, more so than ever before, apportioning blame is often not going to achieve anything other than increased animosity. Instead, parties should do their very best to keep a level head and try to be as reasonable as possible. Last minute changes to the plan will impact everyone, but most of all they will impact the children. Rather than having an iron-clad itinerary, it may be better to allow for some flexibility this year. Try to put yourself in the children’s shoes and think about what they would most enjoy, rather than having a rigid plan which must be stuck to.

Although moving between households is within the rules, it needs to take place in circumstances which are safe and sensible. The restrictions are in place for reasons of public health. It’s important that both parties are respectful in adhering to the rules and ensuring that children and the wider family are kept as safe as possible. Minimising use of public transport where possible, minimising the mixing of multiple households per day and ensuring that social distancing is adhered to where applicable are all important in ensuring that trust between parties remains intact. There’s no precedent for the evolving world we find ourselves in. The rules change daily. It isn’t easy to keep up with what is and is not allowed. Separated parents should do their best to stay informed and stay consistent to ensure the children in the middle of the arrangements feel safe and aware of what’s expected. If one parent feels the other is placing the children in an unsafe situation during their time with them then something will need to be done. You should seek independent legal advice in order to ensure the action you wish to take is appropriate.

Despite the difficulties surrounding COVID, Christmas 2020 will no doubt still be a special time of year for children. Getting Christmas contact right will ensure that it’s the best it can possibly be.  Johnson Legal is here to help with any queries regarding Christmas arrangements or how contact can operate safely within the government guidance.  Get in touch now on 0131 622 8477.