As discussed in part three of this four part series, using Christmas Day for the parenting plan’s winter break exchange seems reasonable because the parents each have Christmas Day. But this may result in an uneven division of time.
Some parties dislike a Christmas Day exchange, even if the unequal division of time alternates. An alternative is the parents equally sharing the winter break.
This is sample language of parents sharing the winter break/vacation evenly. Be forewarned, it is wordy:
“The parties shall share the Winter (Christmas) Vacation evenly pursuant to the child’s school schedule as follows.
(a) Mother shall have the first half of winter (Christmas) vacation in odd numbered years commencing at 5:00 p.m. the day school recesses for winter (Christmas) vacation in the school district which the child resides until 5:00 p.m. the midpoint day of winter (Christmas) vacation; and (b) father shall have the second half of winter (Christmas) vacation in odd numbered years commencing at 5:00 p.m. the midpoint of winter (Christmas) vacation until 5:00 p.m. the day before school resumes in the school district where the child resides after winter (Christmas) vacation. In determining the midpoint of winter vacation, Christmas Eve and Christmas Day will not be counted.
(c) Father shall have the first half of winter (Christmas) vacation in even numbered years commencing at 5:00 p.m. the day school recesses for winter (Christmas) vacation in the school district which the child resides until 5:00 p.m. the midpoint day of winter (Christmas) vacation; and (d) mother shall have the second half of winter (Christmas) vacation in even numbered years commencing at 5:00 p.m. the midpoint of winter (Christmas) vacation until 5:00 p.m. the day before school resumes in the school district where the child resides after winter (Christmas) vacation. In determining the midpoint of winter vacation, Christmas Eve and Christmas Day will not be counted.”
Yes, this actually makes sense to the court.
Since Christmas Eve and Christmas Day are excluded from the winter break, specific lanuage on who has holiday time with the children on those days needs to be included.
If your child is in school, it is helpful to review the school calendar to determine the start and end of the breaks for your parenting plan. If your child hasn’t started school, you want to check out the calendar of your child’s potential school to have an idea of what the winter break will look like.
This concludes the four part series on creating a winter break schedule. AKIONA LAW, PLLC makes the information and materials on this blog available for general informational purposes only. The information provided is not intended to be legal advice. See DISCLAIMER.