For many families, Christmas is the most joyful time of the year. But for separated or divorced parents, it can also be one of the most emotionally charged. Questions about “who gets Christmas Day,” interstate travel, extended holidays, and balancing family traditions often lead to conflict — and, sometimes, urgent legal disputes.

The good news? With early planning, open communication, and a sound understanding of the current family law framework, parents can protect what matters most: their child’s sense of belonging and stability during the festive season.

The Legal Framework: What’s Changed

The guiding principle remains unchanged — the child’s best interests are paramount under the Family Law Act 1975. However, in recent years, the way those best interests are assessed has undergone significant evolution through major reforms between 2023 and 2025.

1. The Family Law Amendment Act 2023 (in force 6 May 2024)

This reform modernised parenting law by:

• Simplifying the “best interests” factors under section 60CC — now focused squarely on the child’s safety, well-being, and developmental needs.
• Removing the presumption of equal shared parental responsibility, which had caused confusion and conflict.
• Strengthening the Court’s powers to manage high-risk cases and enforce compliance.
• Emphasising that meaningful relationships must never come at the expense of safety.

In practical terms, this means the Court no longer assumes that parents should share decision-making equally. Instead, decisions are entirely based on what arrangement best benefits the individual child — including during special occasions like Christmas.

2. The Family Law Amendment (Information Sharing) Act 2023

These changes enhance the Court’s access to family-violence, child-abuse, and child-protection records. Judges can now quickly obtain vital safety information, helping to prevent orders that might put a child or parent at risk during holidays or travel.

3. The Family Law Amendment Act 2024 (in force 10 June 2025)

Property and financial proceedings also experienced reform. For the first time, courts are required to explicitly consider the economic impact of family violence, including financial abuse, when dividing assets.

While not directly about Christmas, this shift is relevant when financial control, gift spending, or travel funding become pressure points during the holidays. It ensures the Court can recognise and correct the lasting impacts of economic coercion within families.

Court Deadlines: Plan for Christmas 2025

Every year, the Federal Circuit and Family Court of Australia (FCFCOA) set a deadline for filing parenting applications related to the Christmas and summer holidays.

For 2025, applications must be filed by 4:00 p.m. on Friday, November 14, 2025.

This ensures that matters can be listed and heard before the Court’s annual closure in late December. Applications lodged after this date are unlikely to be heard before Christmas — unless the situation is urgent, such as a risk of harm, family violence, or unlawful removal of a child.

The Best Interests of the Child — Applied to Christmas

The Court looks at Christmas and holiday arrangements through the same legal lens as all parenting matters: What outcome best serves this particular child’s welfare, safety, and emotional well-being?

When evaluating Christmas arrangements, judges and mediators might consider:

• The child’s age, routines, and bonds with each parent.
• The importance of upholding traditions and connections with extended family.
• Each parent’s ability to create a safe, calm, and stable environment.
• The child’s own views or wishes, depending on maturity.
• Practical considerations — distance between homes, travel time, and school holiday schedules.

No parent has an automatic right to custody on Christmas Day. The Court seeks fairness, but fairness must always serve the child’s best interests.

Common Christmas Arrangements That Work

Over time, family courts and mediators have developed established patterns for holiday arrangements that strike a balance between fairness and predictability. These may include:

• Alternating years — one parent has Christmas Day in odd years, the other in even years.
• Split the day — one parent has Christmas Eve and morning, the other from midday onwards.
• Extended travel blocks — one parent has the children for part of the summer holidays (e.g. first or second fortnight), with clear start and return times.
• Shared celebrations (where amicable) — joint time with both parents present at a family event, if safe and appropriate.

Every family is different. What matters most is that children feel connected, secure, and not caught between competing adult agendas.

When Agreement Isn’t Reached

If parents can’t agree on Christmas arrangements, Family Dispute Resolution (FDR) is usually needed before making a court application, unless there are exemptions like family violence.

Mediation can be a positive environment to foster innovative, child-centred outcomes. Agreements made during mediation should be recorded in a Parenting Plan or Consent Orders to make sure they are enforceable.

If mediation fails, a parent can lodge an Initiating Application before the November 14, 2025, deadline to seek interim orders.

Travel, Communication & Risk

Parents planning to travel interstate or overseas with children over Christmas must obtain the other parent’s written consent or a court order. Taking a child abroad without consent can breach the Act or even constitute child abduction under the Hague Convention.

Where safety risks exist (for example, a history of family violence), courts may impose supervised handovers, restrict overnight travel, or order third-party drop-offs to reduce stress for the child.

Quote from Alastair Noakes

“Christmas with children should emphasise nurturing their sense of love and belonging rather than who wins the special date. The new Family Law reforms remind us that parenting arrangements — even at Christmas — must always prioritise the child’s safety and best interests, not tradition or expectations.”

Christmas Planning Checklist:

For separated parents, the festive season can be both special and stressful.
That’s why we’ve created the Resolve Conflict Christmas Parenting Checklist 2025 — a practical, easy-to-follow guide to help you plan holiday arrangements that truly prioritise your child’s wellbeing.

To request a copy of the 2025 Parenting Checklist – please email admin@resolveconflict.com.au or call (03) 9620 0088

Key Takeaways

Start early — begin discussions or mediation well before the November deadline.
Know the law — the presumption of equal shared responsibility is gone; the focus is safety and well-being.
Be child-centred — build arrangements around the child’s needs, not fairness to parents.
Remember the November 14, 2025, filing deadline — don’t wait until December.
Get advice early — even amicable parents benefit from a clear, written plan.

Conclusion

The spirit of Christmas is about connection, not conflict. For separated families, that spirit begins with empathy, preparation, and a genuine commitment to the child’s happiness.

As family law continues to evolve, the courts — and practitioners — agree on one point: children flourish when the adults around them prioritise stability, love, and safety.

If you are seeking advice on your rights as a parent or how to best assess the best interests of your child/children during the festive season, get in touch with the team at Resolve Conflict to discuss your circumstances.

We provide a free 15-minute consultation to help clients understand their options.