Family Law – Christmas and Holiday Period

With the school year ticking away for 2023, it’s time again to consider what arrangements are in place for your child/children during the upcoming summer school holiday period and for Christmas Day this year.

In accordance with Rule 5.03 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, an application for parenting orders in relation to the summer school holiday period, including Christmas Day, must be filed with the Court by 4.00pm on the second Friday of November each year. The filing deadline for this year is 4.00pm Friday 10 November 2023.

If an application is filed after this date, it will be allocated the next hearing date, which may be after Christmas.

Unless you are already involved in parenting proceedings before the Court, prior to filing with the Court for parenting orders you must make a genuine attempt to come to an agreement on your holiday plans using family dispute resolution. There are only limited circumstances in which you can seek an exemption to the requirement to attend family dispute resolution before filing.

If you have not yet reached an agreement about the arrangements for your child/children during the summer holidays and for Christmas Day, you must to ensure your application is submitted prior to the cut off date.

Please contact Ben, Victoria, Jane, Kate or Laura from our Family Law Team on 8177 5888 if you require assistance in preparing for the Summer Holidays.