Parenting Time and Summer Break
Summer is the season of fun and sun. When parents want to take vacation with their children and have a parenting schedule that does not accommodate that vacation time, it can be tricky to figure out what to do. Or, because your child stays with the other parent (or you) during the school year, they may go stay with the other parent during breaks. This isn’t always the best scenario under which to plan a family trip!
A parenting schedule set by the court must be followed, or the party that does not follow it could potentially face contempt of court. Contempt, simply, is the disobedience of an order of a court. It is usually conduct tending to obstruct or interfere with the orderly administration of justice. The purpose of recognizing contempt of court is to secure the dignity of the courts and the uninterrupted and unimpeded administration of justice. If the court that made the order setting the parenting schedule does find the offending parent in contempt, then the court has several options to bring the offending parent into compliance with the order. First, the court may impose fines against the offending parent. If the fines do not work, then the court may issue a warrant for the arrest of the offending parent. This is rare, but can happen.
To avoid facing contempt by deviating from the established parenting schedule, you will need to have the parenting schedule modified. Unlike custody determinations, which can only be modified for good cause shown (usually, “good cause” in custody cases means abuse or neglect of the child) within the first two years of the final custody order, parenting schedules can be modified at any time. If the parties agree to the modification, then there should be little to no issue in making the adjustment. If the parties, however, do not agree about the modification, then you will have no choice but to bring it to court.
Most people have the misconception that if the other parent takes an extended vacation the parent who gave up time is entitled to “make-up” the time that the child was away. This is not usually the case, unless the order setting the parenting schedule makes that clear.
Regardless of what stage in the process you are regarding a parenting schedule, having a trusted advisor to help you navigate the process can be a critical difference in getting to spend time with your child while they are out of school.
If you’re open to talking more about how to make a plan for summer vacation, I’d be glad to talk to you about the particular circumstances of your case.
Be well,
JR