Every parent has to plan their lives around the many vacations of their children. Whether it’s childcare, celebrations, or travel, planning for these times can present a real challenge. When a couple split up, the calculations can get even more complicated, especially when the parents are no longer getting along. The well-being of the children can be impacted by disruption, and it’s important to give them a sense of stability and predictability in their life. One key to success is anticipating the problems before they arise and inserting vacation schedule provisions in a child custody agreement. In fact, this is considered so important in Maryland, that child custody court forms include vacation provisions.
A comprehensive plan not only outlines when each parent can spend quality time with their child during vacations but also considers factors like distance, duration, and the child’s age and preferences. Here are some important considerations for a custody agreement that can also help guide separated parents in their efforts to manage vacations.
Establish the Rules
A custody agreement should specify how vacations will be scheduled and communicated between the parents. This means that lines of communication should be clarified. For example, using a shared calendar, a messaging app, or email can work as long as each parent is clear where to go to discuss and determine the schedule. Clear guidelines on how far in advance vacations need to be planned, how requests should be submitted, and how conflicts will be resolved are essential to prevent misunderstandings and conflicts.
Spell Out the Specific Vacation Dates
The agreement should outline the specific dates or periods during which each parent is entitled to take vacations with the child. This can include school breaks, holidays, or any other mutually agreed-upon timeframes. By clearly defining these periods, both parents can plan their vacations without overlapping or infringing on the other parent’s time.
Consider the Logistics of Vacation Days
It’s critical to address how the change in the normal routine will be carried out, especially if the parents live in different cities or states. The agreement should address issues such as transportation arrangements, including who will be responsible for arranging and covering the costs of travel, and how travel plans will be communicated between the parents. Other issues like time of day for the turn over, packing bags, and the small details that can make a big difference in a vacation should be covered.
Agree to the Necessary Consent
Is travel going to be in another country or state? Will it include school days? In cases where one parent plans to travel with the child, additional considerations may be necessary. These can include obtaining consent from the other parent, ensuring that the child has all necessary travel documents, and providing contact information in case of emergencies.
Allow for Flexibility
Even the best of plans can go awry. Flexibility is key when it comes to vacation schedules, as unforeseen circumstances may arise that require adjustments to the original plans. The custody agreement should include provisions for modifying vacation schedules, such as giving each parent the opportunity to request changes with sufficient notice and a commitment to reasonable accommodation. Be specific about the amount of notice that the parents consider reasonable, and what impact this might have on upcoming vacation arrangements.
Make Sure the Schedule is Balanced
A custody agreement should address how vacation time will be balanced between the parents to ensure that both have equitable opportunities to spend quality time with the child. This may involve alternating major holidays, splitting school breaks evenly, or any other arrangement that is fair and in the best interests of the child.
Give the Children a Say
It’s also important to consider the child’s preferences and interests when planning vacation schedules. Older children may have their own preferences regarding where they want to spend their vacations and with whom. While the final decision ultimately rests with the parents, their input should be taken into account whenever possible.
A well-crafted agreement by a child custody attorney should include provisions for addressing vacation schedules in a clear, fair, and flexible manner. By considering factors such as communication, logistics, flexibility, balance, and the child’s preferences, parents can create a plan that promotes stability, predictability, and the best interests of the child. Rather than trying to draft a detailed custody agreement on your own, consider working with a legal professional to make sure all the issues are spotted and addressed in the agreement.