Is It Too Late to Apply to Court for Christmas Contact?
Last updated: 25 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: It isn't too late to apply to court for Christmas contact, but you can't count on a hearing before 25 December. GOV.UK says a child arrangements order usually takes around 10 months. If you apply now on a C100, try mediation too and keep talking to the other parent, you give your family the best chance of a settled Christmas.
Question | Is it too late to apply to court for Christmas contact? |
The short answer | No, you can still apply, but a hearing before 25 December can't be guaranteed. Mediation is often quicker. |
The law (Act, rule or form) | Children Act 1989, sections 1 and 8; Family Procedure Rules Part 3 and Practice Direction 3A (MIAMs); form C100 |
Where it applies | England and Wales (Cafcass Cymru in Wales) |
Key timing | A court order usually takes around 10 months (GOV.UK). Court fee £270. |
Source checked (date) | GOV.UK, justice.gov.uk, legislation.gov.uk and Cafcass, 25 October 2026 |
What does the law say about Christmas contact?
There's no special Christmas rule in family law in England and Wales. Christmas is treated like any other part of a child's time with each parent. If you can't agree, a parent can ask the family court for a child arrangements order under section 8 of the Children Act 1989. That order can say who a child lives with, who they spend time with and when, and it can deal with particular days like Christmas Eve, Christmas Day and Boxing Day.
When the court decides, the child's welfare is its paramount consideration (section 1(1) of the Children Act 1989). The same section tells the court that delay is likely to harm a child's welfare (section 1(2)), which is why courts try to avoid unnecessary hold-ups in children cases. That doesn't mean your case can jump the queue just because Christmas is coming, though.
We've written more general tips in our guide to Christmas child arrangements when you're separated. This article answers one narrower question: if nothing's been agreed yet, is there still time to go to court?
How does it work in practice?
Here's the route most parents take, step by step. It's the same whether you're the parent your child mainly lives with or the parent they spend time with.
Step 1: Go to a MIAM
Before most C100 applications, you have to attend a Mediation Information and Assessment Meeting (MIAM) with an accredited mediator. It's one meeting where the mediator explains mediation and the other options, and checks whether your situation is suitable. You can read more in our guide to family mediation and MIAMs.
If you go and the other parent doesn't, you can still apply to court. GOV.UK also says you can usually get a voucher worth up to £500 towards the cost of mediation, so it's worth asking the mediator about that.
Step 2: Check whether a MIAM exemption applies
You don't usually need a MIAM if, for example:
you've been to a MIAM or tried another non-court option about the same dispute in the last 4 months
you have evidence that you're a victim of domestic abuse
your children are at risk of harm, for example because social services are involved
you're applying for a without notice hearing
the application is genuinely urgent
"Urgent" has a specific meaning in rule 3.8 of the Family Procedure Rules. It covers a risk to the life, liberty or physical safety of you, your family or your home. It also covers cases where the delay caused by a MIAM would mean a risk of harm to a child, a risk of a child being unlawfully taken out of the UK, a significant risk of a miscarriage of justice, significant financial hardship, or problems with the dispute that couldn't be put right later.
Missing Christmas with your child is painful, but on its own it isn't usually what the rule means by urgent. If you claim an exemption that doesn't fit, the court can adjourn your case so a MIAM can take place (rule 3.10), and that costs you exactly the time you were trying to save.
Step 3: Fill in the C100
You can apply online through GOV.UK or on the paper C100 form. GOV.UK recommends applying online to avoid delay, and once you've started an online application you've got 28 days to finish it. Our step-by-step guide on how to fill in the C100 form walks you through each section.
Be specific about what you're asking for. "Christmas Eve from 4pm until 2pm on Christmas Day, swapping each year" tells a judge far more than "fair contact at Christmas". If there are safety worries, say so clearly and explain why.
Step 4: Pay the court fee or ask for help
The court fee to apply for a child arrangements order is £270 (GOV.UK, checked 25 October 2026). If you're on benefits or a low income, you may be able to get help through the Get help with court fees service. Legal aid can also be available in some cases, for example where there's evidence of domestic abuse.
Step 5: Cafcass safeguarding checks
Once your application is issued, Cafcass carries out safeguarding checks with the police and the local authority, and usually phones each parent. Those calls are often made close to the hearing date, so don't panic if you hear nothing for a while. Cafcass then sends the court a safeguarding letter at least three days before the first hearing. Have a read of how to prepare for your Cafcass call before yours.
Step 6: The first hearing
At the first hearing, a Cafcass Family Court Adviser is there for both parents. If there are no safety concerns, the adviser will try to help you reach an agreement. If you agree and the court approves it, the case can end there. If you can't agree, or there are welfare concerns, the court might send you on a separated parents course, refer you to a mediation assessment, list a fact-finding hearing or ask Cafcass for a section 7 report.
At a glance: the six steps
Step | What happens |
1. MIAM | Meet an accredited mediator first, unless an exemption applies. Voucher of up to £500 usually available. |
2. Exemptions | Check whether one applies. "Urgent" has a strict meaning in rule 3.8. |
3. C100 | Apply online (28 days to finish) or on the paper form. Be specific about days and times. |
4. Fee | £270, or apply for help with court fees. |
5. Cafcass | Police and local authority checks; safeguarding letter at least 3 days before the hearing. |
6. First hearing | Agreement may be reached. If not, the court decides the next steps. |
How long does it take to apply to court for Christmas contact?
Starting the application only takes as long as the MIAM and the C100 form. Getting a decision is a different story. GOV.UK says it usually takes around 10 months to get a court order, depending on where you live and your situation. That's the whole case, not just the first hearing.
Waiting times for a first hearing vary from court to court, and family courts are busy. If you apply in late October or November, there's a real chance your first hearing won't be until the new year. We can't tell you otherwise, and nobody honest can promise you a hearing before Christmas.
That isn't a reason to put it off. Apply early and you're in the queue, whether that's for this Christmas, the February half term or next summer. And the court process itself often nudges parents towards an agreement long before a final hearing.
What if it's genuinely urgent?
If your child is at risk of harm, or there's a real risk the other parent might take your child out of the country without agreement over the holidays, that's a different situation. The urgency exemption may apply, and in some cases the court can deal with an application without telling the other parent first. Our guide to without notice (ex parte) orders explains how that works and what happens next. If anyone is in immediate danger, call 999.
If you're worried about facing the other parent at court because of domestic abuse, there are protections in place. One of them is the ban on abusers cross-examining their victims in person, which we cover in what changed with cross-examination in the family court.
What does this mean for you?
Court isn't the only route, and before Christmas it's rarely the quickest one. These can all run alongside your application:
Mediation. A mediator can usually offer a session much sooner than a court can offer a hearing. Ask about the £500 voucher.
A written parenting plan. Cafcass uses a parenting plan called Our Child's Plan to help parents agree arrangements. Even a simple written note of times, handover places and who's driving takes a lot of heat out of the day.
A message that's easy to say yes to. Keep it short, polite and specific. Offer a choice of two arrangements rather than a demand.
Making an agreement stick. If you agree, you can ask the court to approve it as a consent order, so you're not arguing about it all over again next December.
A worked example
For example, say two parents separated in the summer. The children live mainly with one parent and see the other every other weekend, but nothing has been agreed for Christmas. In early November, the parent the children don't live with suggests Christmas Eve and Boxing Day, and gets no reply. They book a MIAM, the other parent is invited but doesn't go, and the mediator signs the form. The application goes in online that week, and the first hearing is listed for January.
In the meantime, a calm message offering two options gets a reply, and the parents agree a Boxing Day handover at a grandparent's house. In January, with Cafcass's help at the first hearing, they agree a pattern for future years and the court approves it as a consent order.
That's an illustration, not a promise. Every family is different, but it shows why the application and the conversation should run side by side.
Who does it affect?
Any parent in England and Wales who can't agree Christmas arrangements with the other parent. Grandparents and other family members can apply too, although some need the court's permission first. In Wales, the same Children Act rules apply, and Cafcass Cymru does the safeguarding work instead of Cafcass.
Common mistakes to avoid
Leaving it until December and hoping for an emergency hearing the facts don't justify.
Claiming a MIAM exemption that doesn't fit, which can lead to an adjournment.
Stopping contact, or keeping a child longer than agreed, to make a point. The court will want to know why it happened, and the child's welfare comes first.
Asking for something vague. Spell out days, times and handovers.
Putting children in the middle by asking them to carry messages or choose between you.
Frequently asked questions
Can I get a court hearing before Christmas?
You might, but nobody can promise it. Family courts are busy and listing depends on your local court. Apply as early as you can and keep trying to agree in the meantime.
Do I need a MIAM before applying to court for Christmas contact?
Usually, yes, unless an exemption applies. Wanting a decision before Christmas isn't, by itself, an urgency exemption under rule 3.8 of the Family Procedure Rules.
How much does a C100 application cost?
The fee is £270, checked on GOV.UK on 25 October 2026. You may be able to get help with court fees if you're on benefits or a low income.
How long does a child arrangements order take?
GOV.UK says around 10 months, depending on where you live and your situation. Mediation or another non-court option is often quicker.
What if the other parent won't go to mediation?
You can still apply to court. If you went to the MIAM and the other parent didn't, the mediator can confirm that for your application.
Can a court order cover every Christmas, not just this one?
Yes, it can. Many orders set out a pattern, such as alternating Christmas Day each year, so families don't have to argue about it every December.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you prepare your C100, get your paperwork in order and understand what to expect at each stage. Email us at help@incourt.co.uk or use the contact form on our website. You can read what other parents say about us in our Google reviews.
Related guides
Sources
Checked on 25 October 2026:
GOV.UK: Making child arrangements if you divorce or separate: apply for a court order
Family Procedure Rules Part 3: non-court dispute resolution (justice.gov.uk)
Practice Direction 3A: Family Mediation Information and Assessment Meetings (justice.gov.uk)
Cafcass: overview of our involvement as you go through the court process
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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