Spring Break Should Not Bring Confusion
Spring Break Should Not Bring Confusion: Children are often out of school for a week during spring break, which usually includes Easter.
Spring Break is coming up and with it thousands of divorced parents are going over their time sharing and parenting plans.
Since the Florida divorce courts now focus on equal time sharing and herald the value of children spending time with their parents, it is important to know how holidays and other popular breaks influence the parenting plan.
An experienced family law attorney Carmelina Marin can help parents negotiate a predetermined schedule can help you plan in advance for vacations alone or time away with your children when the schedule permits. Attorney Carmelina Marin will work with your family values and traditions to help create a plan that is workable, minimal disruption to children, and gets the approval of the courts.
When drafting a Parenting plan an important consideration is Spring break:
If Easter is important to both parents, then you may choose to alternate the holiday with your ex-spouse.
· Since Easter usually coincides with spring break, it may work best to have the parent with the Easter schedule to also have custody for the full spring break, or at least that one-half (1/2) of the break.
· If Easter is important to one parent and not the other, or one parent is likely to travel during the break and the other is not, then parents may choose not to alternate, but instead one parent may always have the holiday.
Parenting Plan requires clarity, but what happens if it is unclear:
This time off school is typically addressed in Parenting Plan as holiday in Florida final Judgment of dissolution of marriage. Generally, the holiday schedule takes precedence over the regular placement schedule. In other words, if a holiday lands on the regular time-sharing of the other parent, then there is no make up time for days that are missed and no additional time is added to placement time to account for holidays.
Sometimes there is a question as to when does Spring Break actually begin.
For instance, a parenting plan may state that for spring break the child is to be in your ex-wife's care from the time school is dismissed for Spring Break. If you look at the school calendar for Osceola or Orange County, Spring break begins Monday-Friday during the school week that the school is out. So does your parenting plan say that Spring break begins after school is dismissed on Friday? If yes, then it is clear when Spring break time sharing begins.
What happens when it is not clear, or you believe that the Spring break time-sharing begins when the school is not in session.
Then the parenting plans needs to be clarified by Court. I can help you to negotiate with the other parent, his/her attorney or draft the proper motion to argue your point of view.
The Other parent is not abiding by the Parenting Plan, Now what?
A parenting agreement that has been ratified and ordered by he Court reduces conflicts, because both parents will know how they shall share the parenting responsibilities/obligations, how they shall conduct communications between the parents and parents with the children.
In the event a parent does not follow the parenting plan Order, the other parent may ask the Court to enforce any provision of the Order. This is the only mechanism the law allows to force the other parent to comply with the parenting plan. You may not engage in any deviations from the parent plan due to the other parents wrongful actions. Please speak to attorney Carmelina Marin and find out how to uphold your children’s rights.