How separated parents divide the holidays is frequently a source of concern, but what if they cannot reach an agreement? Here, we examine the factors that the family court will consider when determining what is in the child’s best interest.
How holidays, whether of a religious nature, connected to the school calendar, or otherwise, are apportioned can be a major concern for many divorced or separated parents. Many parents have reached a compromise regarding where and with whom their children will spend the holidays. However, divorced parents will sometimes seek assistance from the family court for themselves and their children. First, it is essential to note that any decision the court makes regarding holiday arrangements will be based on the specific circumstances of each case and what is in the best interests of each child.
Frequently, parents who live near one another are able to reach an agreement, whereas parents who live thousands of miles apart simply cannot. Without a complete understanding of the child(ren) involved, the history of the parents, and any existing (or proposed) arrangements, it is nearly impossible to predict with any degree of certainty how the court would handle each individual case. It is conceivable to provide insight into the court’s potential approach to certain holidays.
Separated parents must consider the summer holidays, Easter, and half-terms when planning school vacations.
So that there is a routine for the child(ren) involved and so that both parents are able to spend sufficient time with them, the summer vacation is frequently divided into week-on, week-off blocks. In some instances, however, a week with each parent followed by two weeks with each parent may be preferable due to international travel or other circumstances. It is uncommon for the summer vacation, assuming it is 6 weeks long, to be divided into 3 weeks on and 3 weeks off. In situations where one parent has not spent extended periods of time with the child(ren) for an extended period of time, the court may determine that a stepped plan is necessary to reach extended holiday contact.
Many parents will simply agree to have a set half-term break, with the other parent taking either the remaining two holidays or agreeing to take one and divide the third. Other parents may choose to divide all of the half-term holidays equally, with the child(ren) being handed over at some point throughout the break. What is truly in the best interests of the child(ren) is at stake.
Because of the religious aspect of the holiday(s), Easter and Christmas are slightly more complicated. Easter is frequently divided in the same manner that the summer vacation is, with each parent spending a fixed amount of time with the child(ren) based on work schedules and what is best for the child(ren). Because Christmas is so important to so many people, it can bring additional problems. A separate blog may be created on Christmas holiday arrangements; however, many parents will choose to rotate between Christmas and New Year’s every year. Keep an eye out for a future blog post about how such an arrangement might operate closer to the holiday season.
Where specific holiday arrangements have been made, the customary arrangements will typically be postponed in order to provide both parents with adequate time with the child(ren) and free from the duty to make the child(ren) available to the other parent.
Holidays are a complicated subject that many parents ignore when deciding how much time to spend with their children. It is critical to evaluate the significance of holidays and how child arrangements will be made and modified around these times. If you have any questions about child arrangements throughout the holiday season, please contact a member of our dedicated children’s team.
