Coping with family law issues over the holidays

The festive season can be a time of rest and joy for many families, but it can also bring tensions to the surface for some, or be a convenient time for a new beginning, leading to an increase in family law cases.

There has been an incremental rise in total Family law filings compared to last year, but there is often no busier time for a Family lawyer than in and around the summer holidays. Our Family law team often see a marked rise in enquiries during the period from late November to January, traversing issues such as divorce, parenting disputes, family violence, and property/financial matters. There is no single reason for the surge, but we do see trends.

Financial strain

Money issues play a leading role in the breakdown of many relationships year-round, which can be amplified during Christmas and holiday season. When high cost of living and high holiday expectations meet, people rely more heavily on credit cards, personal loans and buy-now-pay-later services, resulting in many budgets blown. This could potentially cause disagreements and highlight trust and communication problems. Festive financial stress is one of the leading causes of relationship breakdown.

Child related disputes

Family lawyers, courts and services often find themselves handling disputes about children’s living arrangements, overseas travel, schools, allegations of family violence and neglect and other issues, which can quickly spiral into larger parenting disputes. There is often an influx of court applications in January and February, being unresolved disputes that arose during the summer holidays.

 Family violence increases

Every State and Territory in Australia sees an increase in family violence incidents of around 25-35% during the festive season, with a particularly sharp rise on Christmas Day. While there is no single cause of violent behaviour, it is likely that the combination of financial pressure, drug and alcohol misuse, heat, and close quarters with family members may all contribute to make violence more likely.  If family violence occurs, we encourage people to call 000 if they are in immediate danger, or if they are not in immediate danger then to report the violence to police by calling 131 444.

Time at home

As we learned during the public health lockdowns, some couples find it hard to be home in the absence of the roles and routines they usually inhabit. Prolonged exposure can exacerbate communication and other difficulties, putting added pressure on relationships and act as a catalyst to relationship breakdown.

Convenient timing

Ending a relationship can be a big decision made over a long period. Some couples may delay taking action until January, so the children are not disrupted during the school year or disturbed during the festive season. Some spend time evaluating their personal lives and are inspired by the notion of a ‘fresh start’ for the year ahead. The break from work can be a convenient time to tend to personal matters that have been kept in abeyance during the year.

Urgent Orders over the holiday period

The Family Law Court has a deadline of 4pm on the second Friday in November for an application for an interim parenting order relating to the school holiday period beginning in December, but it is not unusual for issues to arise that require the court’s urgent intervention. There is an exception to the filing deadline for cases of urgency, where the usual criteria for urgency will apply and applications will be allocated the next available hearing date in the usual way. In urgent cases, times can be abridged and matters can be listed on short notice.

Most of the Family Law Court Registries remain open during the holidays (with reduced staff) except on the public holidays, and there is an after-hours service available for urgent applications.

Urgent Family law situations might include circumstances where:

• a parent attempts to remove a child from Australia, without the consent of the other parent;
• a parent has taken a young child from the other parent without permission or has failed to return them;
• a parent has evidence that the other parent is putting a child at risk, such as drug use while caring for a child;
• rapid transfer or disposal of resources and assets to bar a spouse from being able to access them;
• no parent is available to care for a child or children, as a result of a critical incident, such as death, critical injury or incarceration relating to a family violence incident. Tragic cases where one parent murders the other and is taken into custody fall within this category.

It’s important that families know that there are options and resources that can be accessed and facilitated via a Family lawyer during this time.

When urgent action is not required, but support is needed

There may also be situations where Family law disagreements may escalate but they do not meet the criteria for an urgent listing. This could arise when there is a disagreement between parents about what time a child spends with each parent but the child is not otherwise at risk of harm.

Families can choose from a range of dispute resolution services that can continue to operate over the holiday period, but legal advice should be sought before any drastic decisions are made.

In some instances, immediate action can be taken and addressed through typical legal avenues in the new year. For example, an Order may provide for a child spending time with the other parent, and while it is very important that people comply with court Orders, the parent may reasonably believe that it is necessary to withhold the child to protect the health and safety of the child, for example if the second parent is obviously very substance affected. The specific circumstances in which this can occur, and the evidence required to justify the contravention can be a complex matter, which is why external advice should be sought.

Support through challenging times

While many of us look forward to a festive season of celebration and togetherness, it is important to understand the complexities and emotional challenges that many others face during what can be a very difficult period. A Family lawyer can provide considered understanding and the experience necessary to those needing advice and support to navigate such challenging times.

You can contact Macpherson Kelley’s Family law team at any time for advice and support over this difficult period.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.