Christmas Holidays FAQ’s

This page provides answers to FAQ’s regarding Christmas Holidays and the family law issues which are particularly relevant at this time of the year. 

Are the family courts closed over the Christmas holidays? 

Crown Courts, County and Family Courts, the Royal Courts of Justice and the Rolls Building, magistrates’ courts and tribunals will close on various dates over the Christmas period.

The closure dates for this year are:

• Wednesday 25 December 2024
• Thursday 26 December 2024
• Friday 27 December 2024
• Wednesday 1 January 2025

Some magistrates’ courts will be open on 26 December 2024 and 1 January 2025, but for remand hearings only.

In the case of there being no court order in place, what should the arrangements be for residence/contact over the Christmas holidays?

There is no legal requirement for specific contact or living arrangements during the Christmas holidays. Parents and extended family should make arrangements as early as possible, ensuring they are fair and reasonable.

In the case of there being no court order in place, what can I, as the non-resident parent do, if the resident parent refuses contact over the Christmas holidays?

The resident parent is expected to be reasonable in facilitating contact, especially during the holiday period. However, in the absence of a court order, it is not unlawful for the resident parent to refuse contact with the non-resident parent. Contact should generally only be refused if there are valid safeguarding and welfare concerns. Ultimately, there is no quick solution, and the non-resident parent may need to consider applying for a legally binding court order to establish contact arrangements (including for the Christmas holidays) moving forward. For more information, please refer to our page on contact.

In the case of there being a court order in place, what can I, as the non-resident parent do, if the resident parent informs me ahead of time that they will not be providing the contact as per the court order over the Christmas holidays? 

The non-resident parent is unable to apply for enforcement of the court order as a pre-emptive measure. An application can only be made once the breach of the court order has happened. The non-resident parent should remind the resident parent that there is a legally binding court order in place governing the arrangements and they will be in breach of the order if they do not provide the contact as per the court order. 

In the case of there being a court order in place, what can I, as the non-resident parent do, if the resident parent does not provide the contact as per the court order over the Christmas holidays?

The non-resident parent can seek to enforce the court order once the courts reopen after the Christmas holidays. The court has the authority to sanction the resident parent if they cannot provide a reasonable justification for breaching the order. If the breach occurs when the courts are open, it may be possible to enforce the order, depending on the court’s capacity at the time of the application. It is not in the remit of the Police to facilitate court ordered contact as it is a civil issue. 

In the case of there being a court order in place, what can I do if Christmas holiday arrangements are not stipulated in the final order? 

It is important that parties have holiday arrangements outlined in their final order. However, if this is not the case, the residence/contact arrangements would continue as normal as per the court order. Parties are expected to be reasonable and are entitled to deviate from the court order if the circumstances are particularly unfair on one party. However, this would require the agreement of both parties.