Every year Spring brings with it the promise of renewal. For divorcing parents Spring can also bring on custody disputes over the allocation of spring break--one of the extended periods (which also includes winter recess and summer vacation) when children are out of school. Under New Jersey law, custody and parenting time arrangements are always guided by the best interests of the child.
In order to minimize custody disputes over these lengthy, or block, periods when children are not in school, proposed parenting plans ought to include carefully thought-out provisions for holidays and school breaks. And in making the schedule, each parent must take into consideration whether these block periods are going to be alternated and/or whether to “split” each of the blocks. The advantage to the former is that it allows for travel whereas the latter means that both parents will have time with the children during each break.
While there is certainly no “correct” answer to the question of how to allocate each of these block parenting periods, in proposing a schedule the parties should ensure that clear and unambiguous provisions are set forth so as to eliminate the possibility for any misunderstandings in the future--especially since parents often book and pay for holiday travel plans well in advance.
For example, these are just some of the issues which, if not carefully spelled out, can lead to acrimonious--and potentially expensive--disputes:
- Whether the weekends preceding or following a block-time break are included within the break and the related issue of whether a pattern of alternating weekends resets or is adjusted for a deviation following a holiday or school break;
- Which parent has the obligation to transport the children for custody exchanges at the outset or conclusion of the break;
- The requisite advanced notice required for distant travel; and
- Whether there is any provision scheduling flexibility to take into account exceptional plans.
If you have any questions as to how to maximize your precious vacation time with your children, contact a member of our experienced Family Law Team at Cohn Lifland Pearlman Herrmann & Knopf LLP.