{"id":2309,"date":"2013-11-14T16:14:26","date_gmt":"2013-11-14T23:14:26","guid":{"rendered":"http:\/\/scoresbyfamilylaw.com\/blog\/?p=2309"},"modified":"2020-11-12T15:39:11","modified_gmt":"2020-11-12T22:39:11","slug":"avoiding-holiday-parenting-time-disputes","status":"publish","type":"post","link":"https:\/\/scoresbyfamilylaw.com\/blog\/2013\/11\/14\/avoiding-holiday-parenting-time-disputes\/","title":{"rendered":"Avoiding Holiday Parenting Time Disputes"},"content":{"rendered":"

\"Storytime\"<\/a>It’s that time of year.\u00a0 It’s why we close the office\u00a0early on\u00a0the Wednesday before Thanksgiving\u00a0and on\u00a0Christmas Eve.\u00a0 The phone calls about holiday parenting time disputes.\u00a0 “Which parent is supposed\u00a0to have the children on\u00a0Thanksgiving this year?”\u00a0 “What time does\u00a0my\u00a0Christmas Eve parenting time begin?”\u00a0 “I have family in town and we have something special planned\u00a0for Christmas Day, so can I switch times with my ex?”\u00a0 “Can we file an emergency motion with the court\u00a0to force my ex to let me have the kids?”<\/p>\n

All family law attorneys get the calls this time of year–the urgent\u00a0questions\u00a0and disputes over holiday parenting time with\u00a0the children.\u00a0 Judges\u00a0squeeze in telephonic mini-hearings to deal with the “emergency” motions that invariably\u00a0are filed just as the judges\u00a0are\u00a0getting ready to\u00a0take their holiday breaks.\u00a0 But how can these holiday parenting time disputes be avoided?\u00a0 There are three simple things parents, lawyers and judges can do to eliminate virtually all of the urgent calls to lawyers and emergency motions to judges about holiday parenting time disputes.<\/p>\n

1.\u00a0 PARENTS: Be Flexible.<\/strong>\u00a0 Parenting plans are the documents that govern parenting time arrangements between parents, including which parent is entitled to\u00a0certain holidays.\u00a0\u00a0\u00a0 These parenting plans are there to fall back on when the parents cannot agree.\u00a0 Judges\u00a0encourage parents to cooperate and agree to make adjustments from time to time without<\/em> involving the\u00a0court.\u00a0 Parents need to be flexible with each other when making holiday parenting time arrangements.\u00a0 Allowing an extra hour here or there to accommodate the other parent goes a long way toward building goodwill and improving co-parenting down the road.\u00a0 Before parents call their attorneys, they should try to resolve holiday parenting time issues between themselves.<\/p>\n

2.\u00a0 LAWYERS: Draft Precise Parenting Plans.\u00a0 <\/strong>Because parents who have divorced or otherwise separated may not always be able to agree on holiday parenting time, there will<\/em> be instances where parents demand that the parenting plan be followed precisely.\u00a0 In these cases, the parenting plan must be precise.<\/em>\u00a0 If it isn’t, the lawyer will certainly\u00a0get\u00a0a phone call.\u00a0 Drafting a parenting plan that simply says “mother will have the children on Christmas Day\u00a0in even-numbered years and father in odd-numbered years” is insufficient.\u00a0 The holiday must be specifically defined using starting and ending dates and times.\u00a0 For example, the parenting plan instead could provide as follows:\u00a0 “‘Christmas\u00a0Day’ shall begin at 10am on December 25\u00a0and end at\u00a010am on December 26.\u00a0 Father shall have parenting time with the children on Christmas Day in even-numbered years, and Mother shall have parenting time with the children on Christmas Day in odd-numbered years.”\u00a0 This language would leave nothing in doubt as to which parent is entitled to have the children from 10am on December 25 until 10am on December 26.<\/p>\n

3.\u00a0 JUDGES: Appoint Parenting Coordinators.\u00a0 <\/strong> Under Rule 74 of the Arizona Rules of Family Law Procedure and when the parents agree, judges have the authority to appoint a “parenting coordinator”, a type of special master who is delegated limited authority by the court to deal with certain parenting issues that may arise between the parents.\u00a0 Parenting coordinators are usually psychologists or experienced family law attorneys who choose to serve in this role.\u00a0 \u00a0Parenting coordinators do NOT have authority to modify or even recommend <\/em>a modification of legal decision-making authority or a significant change in parenting time, but parenting coordinators DO have the authority do deal with minor disputes, including disputes over holiday parenting time.<\/p>\n

When a holiday parenting time\u00a0dispute arises, the parents go to the parenting coordinator\u00a0(“PC”)\u00a0first before<\/em> calling their attorneys or filing emergency motions.\u00a0 The PC attempts first to mediate an agreement, but\u00a0if no agreement is reached, the PC may make a written recommendation to the judge for a temporary resolution of the dispute.\u00a0 Judges almost always immediately approve the PC’s recommendation as a temporary order, subject to either party’s right to request a hearing.\u00a0 With time-sensitive issues, the PC even has authority to make a binding decision, subject to later review by the court.\u00a0 A great many parenting time disputes are resolved at the PC stage and do not require any further involvement of attorneys or court hearings.<\/p>\n

To review:\u00a0 Parents, be flexible.\u00a0 Lawyers, draft precise parenting plans.\u00a0 Judges, utilize parenting coordinators when the parents agree.\u00a0 Let’s see how nice this holiday season can be!<\/p>\n

You can also view my video on holiday parenting time disputes below.<\/p>\n