Quick Exit


2018/2019 Christmas Holidays Contact Deadlines

September 17, 2018

Children and divorce

Christmas is just around the corner with many separated parents feeling concerned that they have not yet reached an agreement regarding when and where the children will spend their time over the Christmas school holiday period. This uncertainty can be difficult both for the parents and the children involved.

The Family Court of WA is already under pressure from the large number of parenting and financial applications being filed on a weekly basis.

In order to give the Court time to deal with the influx of parenting applications before Christmas, Rule 5.01 of the Family Law Rules 2004, provides a cut-off date to file applications dealing in whole or part with the school holiday period beginning in December. The cut-off date is the second Friday of November. In 2018, the cut-off date will be 4.00pm, 10 November 2018.

Clause 34.2 of the Case Management Guidelines of the Family Court of WA reminds parties that they “should be aware that applications filed prior to this date are not necessarily guaranteed to be listed or determined prior to the commencement of the relevant school holiday period. Such applications should be filed as early as practicable to ensure an appropriate listing date.”

Please also remember before you can file a parenting application in the Family Court of WA, you must attend Family Dispute Resolution (“FDR”) unless certain exemptions apply, in an attempt to resolve your dispute “out of court”.

It takes time to organize and attend FDR. We suggest you start the process now, if you want to avoid missing the cut-off date, in the event that you can’t reach a settlement.

Call our friendly team of experienced family lawyers who can advise and assist you.

Contact us today on 08 9226 3300.


Looking for more insights? View all posts.