By H. William Edgar | Edgar & Dow
One of the quickest ways to start a holiday dispute is to leave the regular weekend schedule and the holiday schedule competing on the same page. I look for which provision controls, the exact start and end times, and who drives. The parents should be able to answer those questions without another hearing.
Put a representative month on a calendar. Identify school pickups, weekend returns, and any recurring weekday visits. Then overlay the school holidays. This reveals which regular periods are displaced and whether the written order tells you who has the child when school is closed. If the schedule relies on a school exchange, specify the time and location to use on a holiday or teacher workday.
A holiday provision may define its own start and end times. For example, a Thanksgiving schedule might run from Wednesday at 6 p.m. to Sunday at 6 p.m. A different order might start at school release. Look at the actual wording before assuming a holiday means a single calendar day or the entire school break.
A workable plan says how holiday, vacation, and ordinary parenting time interact. If Thanksgiving overrides a regular weekend, clarify whether the alternating-weekend rotation resumes on its original calendar or shifts. If the schedule gives one parent a birthday visit during another parent’s vacation, specify which provision controls. The goal is to make the answer predictable without requiring negotiation at every overlap.
Consider winter break. If the order says each parent has half, define the break using the school calendar, state the midpoint, and assign the first period in odd and even years. Specify who transports and where the midpoint exchange happens. For children at different schools, identify which calendar controls or write distinct dates with attention to time the siblings can spend together.
State whether the ordinary weekly schedule continues during summer and which vacation blocks can override it. Define the number and duration of blocks, notice deadlines, the method for sending proposed dates, and who has first choice if the dates overlap. If priority alternates annually, identify which parent has priority in the first year. Specify whether a parent can choose vacation time that conflicts with a named holiday or an agreed camp.
A useful travel provision addresses itineraries, contact information, transportation costs, and changes after booking. Read separate consent and passport requirements for international travel. A travel clause should also account for court-ordered supervision, exchange restrictions, and any protective order. If an order authorizes a move out of California, separate rules can affect the timing of departure.
Check the district calendar before signing. A fall recess, a teacher workday, and a federal holiday can fall on different days. A child enrolled in summer school may need daily transportation even during a vacation period. Determine whether the plan lets parents trade days by written agreement and what happens if they cannot agree.
For example, one parent might request the first two weeks of July every year while the other wants to preserve Independence Day in alternating years. A workable order can give the designated parent the holiday and require vacation selection around it, or can give vacation time priority after advance notice. Pick a rule the parents can apply and test it using an actual year’s dates.
Record the proposed dates, transport, and any replacement time. Use the communication method the order permits. State whether the agreement applies only this year. If the change will recur or changes a substantial part of the custody arrangement, ask counsel whether a stipulation and court order are appropriate. An informal accommodation can explain what happened without replacing the entered order.
If a parent does not return the child at the ordered time, preserve the complete messages and identify whether the order clearly sets a return. Ask for a definite plan through an authorized channel and seek prompt guidance if the child cannot be located or there is a safety concern. Make-up time, clearer terms, and enforcement address different problems.
Bring the signed order, school calendar, proposed holiday schedule, and sample dates for the next year. Identify the holiday or break most likely to cause conflict and offer one realistic alternative. Give the counselor or judge precise exchange terms. If you already agree on some periods, put those in writing and identify what remains disputed.
California Courts’ holiday schedule attachment provides a starting point.
Explore the California Child Custody and Visitation Library for more guides on parenting schedules.
Family Code § 3048(a) calls for a clear description of custody and visitation rights in the order. If the summer schedule overrides regular weekends but yields to a specified holiday, say so expressly. Spell out the time and place for the return and when the ordinary rotation resumes.
How Do I Write a Parenting Plan That Works in California?
Parenting Plans by Age: A Guide for Orange County Parents
Parenting Plans by Age in Los Angeles County
Can One Parent Sign a Child Up for Activities During the Other Parent’s Time?
What Can I Do About Missed or Late Custody Exchanges in California?
For help with your California custody case, contact Edgar & Dow to schedule a consultation. Bring your current order, the school calendar, and the dates you are trying to resolve.
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