Christmas With the Kids After Separation: A Queensland Guide to Holiday Arrangements for 2026/2027

Reviewed by Bennett Carroll Solicitors Family Law Solicitor on 3 November 2026.

What will Christmas morning look like for your children this year?

If you’re separated, the best gift you can give your children is certainty. Knowing where they’ll wake up on Christmas Day, when they’ll see each parent and what the summer holidays look like takes the pressure off them, and off you.

Agreeing holiday arrangements with the other parent now, before the rush, means no last-minute arguments and a calmer, happier Christmas. And in most cases, you can do it without going anywhere near the Family Court.

Need help with Christmas parenting arrangements? Send us an enquiry and one of our family lawyers will be in touch.

Key dates for Queensland families: Summer 2026–27

School dates are for Queensland state schools, from the Department of Education. Independent and Catholic schools often set their own dates, so check with your children’s school.

Why agreeing early matters for your children

Most children cope best when they know what’s coming. Uncertainty about where they’ll spend Christmas, or arguments in the lead-up, can take the shine off the day for them. When parents agree early, children can look forward to Christmas with both families instead of worrying about it.

Agreeing early also gives you time to plan travel, family visits and work rosters, and to sort out any sticking points calmly rather than in the week before Christmas.

Counting on the court to decide? It probably won’t happen in time

Some parents assume that if they can’t agree, a judge will sort it out before Christmas. In practice, that’s very unlikely. The family courts are under significant pressure, with delays of several months. As a result, an application filed now is unlikely to be dealt with before the Christmas holidays, except in genuinely urgent circumstances.

Before applying to court for parenting orders, you also generally need to attempt family dispute resolution (mediation) first, unless an exemption applies. The Federal Circuit and Family Court of Australia explains these steps.

Urgent matters are different. If there are concerns about family violence or a risk to a child, get advice straight away, as these matters may be dealt with urgently.

For everyone else, the realistic path to a settled Christmas is agreement, and we can help you get there.

How to agree holiday arrangements without going to court

1. Check what you already have. If you already have parenting orders or a parenting plan, check the holiday arrangements carefully. They may already set out who the children spend Christmas Day with and how time is shared over the summer holidays.
2. Talk early, and keep the focus on the children. If it’s safe to do so, raise the holidays with the other parent now. Think about what will make the day work for the children, not who “gets” them. It is strongly recommended to keep all correspondence in writing.
3. Try mediation if you’re stuck. Family dispute resolution helps parents reach agreement with a neutral mediator. Our mediation FAQs explain how it works, and the government’s Family Relationships Online service can help you find a provider. Book early, as waiting lists grow in November and December.
4. Put it in writing. A written agreement avoids “I thought we said” arguments. You can record it in a parenting plan, or make it binding with consent orders (see below).
5. Get advice if you need it. A family lawyer can help you work out a fair arrangement, negotiate with the other parent, and draft the paperwork.

Common Christmas parenting arrangements that work

There’s no set rule about who has the children at Christmas. Arrangements that often work well for Queensland families include:

1. Alternating years: one parent has Christmas Day this year, the other next year.
2. Splitting the day: Christmas morning with one parent and Christmas afternoon or Boxing Day with the other. This works best when parents live close together.
3. Christmas Eve and Christmas Day: one parent has Christmas Eve, the other Christmas Day, swapping each year.
4. Sharing the summer holidays: dividing the six weeks into blocks, so each parent has time for a holiday away.

Whatever you choose, be specific: times, handover places, who does the driving, and how the children will keep in touch with the other parent.

Parenting plans and consent orders: what’s the difference?

A parenting plan is a written agreement, signed and dated by both parents. It’s flexible and can be changed by agreement, but it isn’t legally enforceable like a court order.

Consent orders are court orders made with both parents’ agreement, without a hearing. They are legally binding, so they give more certainty if arrangements have been hard to stick to in the past. Unlike parenting plans, consent orders can be enforced through the court if a parent does not comply. Police may also have powers to assist in certain circumstances.

We can help you decide which suits your family, and draft either one.

Travelling with the children these holidays

If you plan to travel interstate or overseas, check your orders or parenting plan first and talk to the other parent early. An Australian passport for a child generally needs the consent of everyone with parental decision-making responsibility, unless a court order says otherwise.

Looking ahead: back to school in 2027

For Queensland State Schools, Term 1 starts on Wednesday 27 January 2027. A new school year can mean a new school, different pick-up times or a move to high school, and arrangements made when the children were younger may no longer fit. Our guide to school and childcare arrangements after separation explains how parents can make these decisions together.

Frequently asked questions

Who has the children on Christmas Day if there are no orders?

There is no automatic rule. Parents can agree on any arrangement that is in the children’s best interests.

Can the court decide our Christmas arrangements before Christmas?

It’s unlikely if you haven’t already started court proceedings. The courts are very busy and new applications usually take months. Urgent matters, such as those involving family violence or a risk to a child, are dealt with differently.

Do we have to go to mediation?

You don’t need mediation to agree between yourselves. If you want to apply to court for parenting orders, you generally need to attempt family dispute resolution first, unless an exemption applies.

Is a parenting plan legally binding?

No. A parenting plan isn’t enforceable like a court order. If you want an enforceable agreement, you can apply for consent orders.

When do Queensland school holidays start this year?

For Queensland state schools, the last day of Term 4 is Friday 11 December 2026, and the summer holidays run from Saturday 12 December 2026 to Tuesday 26 January 2027.

Talk to our family law team

Bennett Carroll Solicitors is a Queensland law firm, established in 1974, helping families across Queensland. We have offices across South East Queensland, in Brisbane North (Stafford), Brisbane South (Upper Mount Gravatt), the Gold Coast (Mermaid Beach) and the Sunshine Coast (Birtinya), with Brisbane CBD and Ipswich by appointment. Most clients speak with us by phone or video, wherever they are in Queensland.

We can help you agree Christmas and holiday arrangements and put them in writing, without going to court. Call us on 1300 334 566, email info@bcglaw.com.au, or visit our family law page. You can also send us an enquiry using the form below.

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General information only. This article is general information about Queensland and Australian family law and is not legal advice. Please contact us about your own circumstances.