Now that we have entered November, we are quickly approaching the Christmas school holidays. For some separated parents, there may still be some uncertainty regarding the care arrangements for their children during the Christmas school holidays and on Christmas Day.

Luckily, parents are able to apply to the Federal Circuit and Family Court of Australia and seek an Interim Hearing date for the Court to determine the care arrangements for their children for the upcoming Christmas school holidays and on Christmas Day.

When Do You Need to Make an Application?

Pursuant to Rule 5.03 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, if a parent seeks Interlocutory Orders relating in whole or part to the school holiday period beginning in December in that year and extending to January in the following year, the application must be filed before 4.00pm on the second Friday in November.

This means an application for these upcoming Christmas school holidays and Christmas Day, must be filed before 4.00pm on Friday the 10th of November in 2023.

In coming years, the date to file would be: –

  1. In 2024, before 4.00pm on Friday the 8th of November in 2024.
  2. In 2025, before 4.00pm on Friday the 14th of November in 2025.

What Are Interlocutory Orders?

When parents are seeking orders for the care arrangements of their children, they can seek Final Orders only or, Interlocutory Orders in addition to Final Orders.

Simply put, Interlocutory Orders are orders that you seek until Final Orders are in place.

For example, if parents cannot agree on the care arrangements for their children on an ongoing basis, however, need arrangements to be determined by the Court for the upcoming Christmas school holidays, then you could seek Interlocutory Orders to ensure there are arrangements for the Christmas school holidays in the interim until a Final Hearing date is allocated (which could be 12 months away).

Should I Try to Resolve the Dispute Before Applying to the Court?

Yes.

The Court places significant emphasis on the Pre-Action Procedures that are contained in Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

In the Schedule, you can find the process that the Court expects to be followed prior to making an application. This includes attending mediation and issuing a Notice of Intention to Commence Proceedings.

When you make an application to the Court, you are required to file a Genuine Steps Certificate in which you must indicate if you have complied with those steps outlined above (unless there is an exception that applies).

What Orders Do You Need To Seek?

The Interlocutory Orders that you seek for the Christmas school holidays and/or on Christmas Day is going to vary from family to family.

You should keep in mind that the care arrangements for the children during this period should be in the children’s best interests.

When considering what might be in the children’s best interests, you should refer to section 60CC of the Family Law Act 1975 (Cth) which outlines some considerations.

As an example, the arrangements for children on Christmas Day may be: –

  1. That the children spend time with each parent on Christmas Day in alternate years (i.e. with one parent for the entire day in even numbered years and the other parent for the entire day in odd numbered years).
  2. That the children spend time with both parents on Christmas Day (i.e. with one parent from Christmas Eve until in the morning of Christmas Day and with the other parent from the morning of Christmas Day until Boxing Day).
  3. That the children spend time with one parent for the whole week in which Christmas Day falls and with the other parent for a week either the week prior or after that week.
  4. That no arrangements are in place for the children on Christmas Day and the arrangements that are in place for the children on school holidays remain uninterrupted.

What Should I Do Now?

There is now only just a week to make your application for Interlocutory Orders for the Christmas school holidays and/or on Christmas Day.

You should contact our office as soon as possible and speak with one of our solicitors to obtain advice about making an application.