In general, children of divorced parents divide their time between the two parties throughout the year. However, the family and emotional significance of Christmas means that the division of these days receives more attention.
In this article, we will address the keys to avoiding conflicts in shared custody on these important dates. But first, we must take into account three fundamental aspects:
- During the holiday period visiting arrangements are suspendedinter-weekly or weekly. This means that you will not see your children while they are with the other parent.
- After the end of the holiday, irrespective of the day it ends, the visiting arrangements will begin the parent who did not have custody of the children during the last holiday period.
- Each parent must communicate during this period where he or she is during this period.
How is time divided in joint custody?
Shared custody entails, among other things, an equal distribution of the time that children share with their parents.
In this respect, it is common for the visiting arrangements is established by mutual agreement and that the children spend one week with each parent. Otherwise, it will be carried out in a contentious manner and it will be up to the judge to decide.
It is normal and advisable that the children's holidays - usually Christmas, Easter and summer - are divided 50% between both parents.
In this way, if custody is awarded to each parent on an alternating weekly basisThe arrival of the two weeks of Christmas should not be a problem: the child/children will spend one week with each parent, thus maintaining the usual alternation.
The most common problem arises when joint custody is attributed for longer periods, such as fortnights. In these cases, one of the parents could be left without the company of their children for the whole of Christmas.
That is why, visiting arrangements can be readapted if so agreed by both parents. For this, an amicable agreement will be necessary, which will require the approval of the Public Prosecutor's Office and homologation by the judge.
There are different ways of dividing the Christmas holidays in a shared custody situation. Here are some examples:
- For odd and even years: On Christmas Eve, New Year's Eve and Epiphany the children will be with their father, while on Christmas Day, New Year's Eve and Epiphany the children will be with their mother, alternating these dates each year.
- Fixed date: to always maintain the same distribution without altering it each year.
- Modifiable cause: the parents agree that the division of days may change at a later date.
Shared custody lawyer in Malaga
It is at this time that the true importance of a a well-drafted settlement agreement. For this reason, if you are in the process of separation or divorce with children, we recommend acting with foresight, assessing the family's needs, detailing the visiting arrangements as much as possible and ensuring that these are not changed suddenly.
In this way, you will prevent the Christmas holidays from being a source of conflict.
At Ódice Abogados, a law firm in Malaga specialised in Family Law, we offer you legal advice to process your divorce or modify measures and achieve a solution that favours the parties involved.
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