Head of Family Law Beverley Johnson was recently interviewed about co-parenting arrangements over Christmas and her advice was featured in a number of newspapers including The The Herald, Glasgow Times Times and Dunfermline Press.

Separated parents have been urged to make their Christmas arrangements “as soon as possible” to avoid ending up in court.

Christmas is fast approaching – and with just eight weeks to go – one family law firm has urged separated parents to negotiate where their children are spending the festive season.

If co-parents cannot agree on where their children will spend Christmas, they could end up in court with a Sheriff making the decision for them, according to the legal experts.

Johnson Legal has advised that it can take up to eight weeks to fix a court hearing since the courts are very busy in the lead-up to Christmas.

Beverley Johnson, Head of Family Law and Director of Johnson Legal Family Law, said: “Christmas can be a wonderful time of the year for families however, it can also be a really difficult time for separated parents.

“If you and your ex cannot agree on festive arrangements, speak to a Family Lawyer now to ensure your case can be heard before Christmas. It can take up to eight weeks to fix a court hearing and the courts are very busy in the lead up to Christmas.”

Johnson Legal highlighted that the courts generally try to reach a compromise with both parents in respect to Christmas plans. This could result in the children spending most of Christmas Eve with one parent then most of Christmas Day with the other, or perhaps one parent has Christmas with the children this year and the other has Christmas with the children next year.

Beverley said: “There is no one size fits all solution, so you can rest assured that the court will consider your family’s specific circumstances. The focus is always what’s best for the children.”

“Following a court case, some parents might even agree to spend part of Christmas together, perhaps to open presents from Santa with their kids.”

Here are three ways to avoid ending up in court ahead of Christmas 2023

1. Plan your Christmas arrangements now

With less than two months until Christmas day, Johnson Legal flagged that it’s crucial to discuss Christmas plans as early as possible when considering festive co-parenting arrangements. “Be respectful when discussing Christmas with your ex and make it clear that you understand their position. This applies whether you agree with it or not and this can take the heat out of a difficult discussion,” Beverley said.

2. Consider what your children want

The law firm also highlighted that although you might want to spend as much time as possible with your children over the holiday period, remember that your ex-partner will also want to spend time with them.

Beverley added: “Do your best to view things from the point of view of the children, rather than thinking about what you and your partner want. This can help to shift the focus away from your own interests while also ensuring that your children have a say in Christmas plans.”

3. Think about Christmas logistics

Beverley emphasised that it’s also of the upmost importance to think about the logistics of your Christmas arrangements. She said: “Ask yourselves; will the children be okay with leaving presents at one parent’s home to go to the other parent’s house? Will you be able to travel between each parent’s homes on a day when weather conditions might be poor and public transport is limited?”

The Scottish Law firm emphasised that court should be the last resort for separated parents.

Beverley continued: “Court should always be the last resort in situations concerning children. If you’re having difficulties agreeing Christmas arrangements with your ex, speak to a Family Lawyer first as they will be able to assist you in negotiations.

“If these are unsuccessful, your solicitor can then take the case to court ahead of Christmas to confirm an agreement.”