Christmas custody conflicts

Director of Consensus Family Lawyers in Canberra, Juliette Ford, said, ''The first one after the family separates can be the most difficult.

''The kids are used to mum and dad being there. Some families on the first Christmas will manage to spend it together and put aside the sadness of ending their relationship and be there to see the children open the presents together.

''It's incredibly hard but some people do it. Or sometimes people will come together beforehand to put the tree up together.''

Family lawyer Kasey Fox of Farrar Gesini and Dunn hoped most families would have their plans in place by now, but for some people it was tricky to accomplish.

''In Canberra and right around Australia, the courts get very very busy with people coming and saying 'we can't make a decision about what will happen with the kids on Christmas Day' and some people will leave it to the last minute and will not be able to get that time in court and get a decision,'' she said.

''It's good to talk about it to your ex-partner in advance and, if you need it, get a decision from the court early. There are all sorts of arrangements that can be made. Some families have a real focus on Christmas morning and they will swap each year between them.''

A spokeswoman for the Family Court and the Federal Magistrates Court said there was always an increase in applications for contact at this time of year as parents sought to make arrangements for the Christmas period and long school holidays.

''Australian families regard Christmas as an important family time and Christmas is also a time when most working parents have leave so it is inevitable that parents will want to make arrangements for contact during this period,'' she said.

''Most families are able to agree on contact arrangements but there will always be a number who will need to approach the courts.

''Judges and federal magistrates are mindful of the importance of parties having access to the courts in the weeks leading up to Christmas.''