The holidays are meant to be a time of family and festivities. But for separated or divorced parents, this season can also bring added stress—especially when holiday plans do not align with existing custody or visitation orders.
If you find that your travel schedule, family gatherings, or special events conflict with your parenting plan or court order, it is important to handle the situation carefully. Ignoring a court order, even for what seems like a minor issue, can lead to serious legal consequences. Here’s what you need to know:
- Court Orders Are Binding—Even During the Holidays
It can be tempting to make “temporary” or special “one-time” changes to your schedule for Thanksgiving, Christmas, or winter break. However, a court-ordered parenting plan or custody schedule remains fully enforceable unless it is formally modified by both parents, which is typically done so in writing and signed by both parties.
Even if your intentions are good—like wanting your children to spend extra time with extended family—violating the order could expose you to contempt of court proceedings.
- Communicate Early and Respectfully
If you anticipate a scheduling conflict, reach out to the other parent as far ahead of time as possible. Early communication allows time to negotiate a compromise that works for everyone.
Also, remember to keep communication respectful and child-focused. Written communication (like email or text) can help document agreements in case any disputes arise later.
- Don’t Take Matters Into Your Own Hands
Skipping a visitation, refusing to return a child on time, or taking a child out of state without permission—even for a family event—can have serious consequences. Courts take violations of custody and visitation orders seriously and may impose fines, attorney’s fees, or even custody changes.
- When in Doubt, Seek Legal Guidance
If you are unsure how your holiday plans fit within your court order—or if the other parent is not following the schedule—consult a family law attorney. A quick conversation can help you avoid costly mistakes and ensure your rights (and your children’s best interests) are protected.
- Focus on What Matters Most
At the end of the day, the holidays are about family and creating meaningful memories for your children. Keeping communication open, following the law, and maintaining flexibility can go a long way toward making the season bright for everyone involved.
Cohn Lifland helps families create practical, child-focused solutions to custody and visitation challenges—during the holidays and throughout the year. If you have questions about creating a holiday schedule or the ways it can be enforced by the court, contact the experienced family law attorneys at Cohn Lifland Pearlman Herrman