When parents separate, working out arrangements for the children during the school term is often the first priority. But what many families don’t realise is that school holiday periods are treated differently under parenting arrangements, and if they aren’t clearly addressed, disputes can arise quickly.
At South Coast Family Law Group, we regularly assist parents across Wollongong and the South Coast to draft clear, practical parenting orders that properly deal with holiday time, not just the weekly routine.
During school terms, parenting arrangements usually follow a predictable weekly pattern. This might include alternate weekends, mid-week time, or shared care around school drop-off and pick-up.
School holidays are different.
Children are no longer tied to school attendance. Parents may want extended time, travel opportunities, or special occasions included. Because of this, holiday time often overrides the usual term-time schedule.
If parenting orders don’t specifically address holidays, the regular term-time pattern simply continues, which may not reflect what either parent expected.
Clear drafting avoids confusion.
There is no single formula that works for every family. The Family Law Act focuses on the best interests of the child, not mathematical equality. That said, some common structures include:
1. Splitting the Holiday Period
Clear start and finish times are essential, for example, “from 3:00pm on the last day of school until 9:00am on the first day of the next term.”
2. Alternating Christmas and Special Occasions
Christmas, Easter and birthdays often sit within school holidays but are treated separately in orders. Many families:
Specificity prevents argument.
3. Travel Provisions
Holiday orders often include clauses about:
Without these clauses, disagreements about travel can escalate quickly.
Parents can document holiday arrangements in either:
A Parenting Plan
A written agreement signed by both parents. It is flexible but not legally enforceable.
Parenting Orders (including Consent Orders)
Approved by the Court and legally binding. If breached, enforcement options are available.
For families experiencing ongoing conflict, formalising holiday arrangements into consent orders can provide clarity and certainty, particularly around longer holiday periods and travel.
Based on our experience acting for parents throughout Wollongong and the South Coast:
Be precise with dates and times
Avoid vague wording like “half the holidays.” Define exact commencement and changeover times.
Plan well in advance
Leave time for parents to organise work leave, travel bookings and family commitments.
Put variations in writing
Even if you agree to swap days, confirm it in writing to avoid misunderstandings later.
Keep the focus on the children
Holiday time should support meaningful relationships with both parents while providing stability and certainty.
If parents cannot agree about holiday time:
Seeking legal advice early can prevent last-minute stress, particularly before Christmas or long summer holidays.
Clear, well-drafted parenting orders reduce conflict and create certainty, especially during emotionally significant times like Christmas and school holidays.
At South Coast Family Law Group, we assist parents to negotiate, draft and formalise practical holiday arrangements that work for their children and their family structure.
If you need advice about parenting orders or school holiday arrangements, contact our team on (02) 4202 6644 or email admin@scflg.com.au.
