Are you having trouble reaching agreement with your co-parent about holiday parenting time? A Parenting Plan is a great way to formalize your parenting arrangement not only for the approaching holiday season, but also for years to come.
A Parenting Plan affords co-parents certainty of their parenting obligations post-separation. It details such incidents as a regular parenting schedule, a holiday parenting schedule, locations for transferring the child, protocol for school closure or a child’s illness on a school day, communication between co-parents, and more.
Co-parents commonly agree to an equal sharing of holidays. Holidays may be alternated on an annual basis, such that whichever parent has the child for New Year’s Eve in odd years will have the child instead on New Year’s Day in even years, with the reverse being true for the other parent. Longer holiday stretches, like winter break or March break, can be divided in half, or alternated fully on an annual basis, depending on what arrangement is best for the child in question, having view to the circumstances of the child and family. Ultimately, there is no presumption of equal parenting time. Rather, a court will consider “only” the best interests of the child in making a decision about parenting (see section 16(1) of the Divorce Act, which applies to separating married co-parents, and section 24(1) of the Children’s Law Reform Act, which applies to non-married co-parents).
A Parenting Plan can serve as a schedule to a Separation Agreement once a final resolution between parties is reached. A Parenting Plan can also serve as a stand-alone agreement, on a “temporary, without prejudice basis” if you and your co-parent are unable to presently agree to a final resolution of parenting issues. The “without prejudice” basis means that, although you agree to certain terms now, the terms cannot be relied on in the future as establishing a “status quo”. The benefit of an interim Parenting Plan is that it can save in unwanted conflict and costs in having to address holidays on a case-by-case basis while settlement is in progress.
Are you ready to take the next step to formalize your parenting arrangement with your co-parent? Contact our office today for a consultation. Please note, this blog post is for general information purposes and should not be construed as containing legal advice.
