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Written by Canterbury Law Group

Holidays and Parenting Time in Arizona

The end-of- the-year holiday season is typically the biggest time of the year for many families to get together. If the parents are divorced, the Christmas season could bring forth new disputes. It’s very important to protect children from any sort of drama during the holiday weeks, especially when they expect to spend their school vacation enjoying themselves. In Arizona, the divorce decree usually also includes a separate parenting time plan that lays out who time is shared over the holidays.

Holiday Parenting Time Under Arizona Law

The family courts in Arizona have a statutory requirement for divorcing couples with children to provide a holiday schedule. Under A.R.S. §25-403.02 (C), this plan must include a “practical schedule” for how parenting time is allocated during the holidays. There should be specifications for with whom the child would reside, how the child should be transported, and a reconciliation method in case disputes arise.

Parents should specifically arrange a parenting time plan for the year-end holidays. Unlike other vacation times, the November-December period involves many public holidays, seasonal celebrations, and family gatherings. The child might require transportation more so than during other long holidays like the summer vacation. It’s highly recommended that divorcing parents get family law help in Scottsdale to come up with a reasonable plan.

Organizing a Parenting Time Plan for the Holidays

Very generally speaking, parenting plans during the holidays can be developed in three primary ways. First, some parents agree to have the children for Christmas every other year. For example, mom could have the kids for Christmas and Thanksgiving during even years, and dad during the odd years. Some parents divide holiday time evenly during the day. For example, the kids would spend Christmas mornings with mom and the evenings with dad. Other parents designate certain holidays for themselves. For example, the kids may spend every Thanksgiving with mom and Christmas with dad.

Of course, parenting plans can be adjusted according to different religions and cultures. Adjustments can also be made depending on the vacation time the parent gets. However, it’s very important to have the holiday season planned ahead and in writing. The arrangements are ideally made months in advance unless it’s already specified during the finalization of the divorce. But practical concerns do arise every year, so ex-spouse’s with children should make arrangements early.

Be Specific with the Details

More importantly, divorcing parents must make sure the parenting plan is highly specific. For example, separating parents may decide to give mom the kids for Christmas during even years. But that’s a very basic provision. Is “Christmas” limited to just Christmas day? Will the children require transportation from parent to parent? On which day and at what time will the kids be dropped off and picked up again? These specifics should be handled in the parenting plan.

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Written by Canterbury Law Group

The Role of Parenting Coordinators in Arizona Child Custody Cases

Arizona Rules of Family Law, under Rule 74, allows judges to appoint a parenting coordinator in divorce and child custody cases. So what exactly is a parenting coordinator? How will having one affect the case? Are parenting coordinators good for children? This article will touch on these questions and briefly explain how parenting coordinators could benefit (or not) from a family law dispute.

What are Parenting Coordinators in Arizona?

Recently, many states have begun to appoint parenting coordinators in child custody cases. Arizona has had a parenting coordinator rule since 2011, and it was amended in 2016. A parenting coordinator, in simple terms, is a third party appointed by a judge to resolve or alleviate disputes between parents fighting for child custody. Many types of professionals can be appointed as a parenting coordinator. Usually, a child psychologist, a therapist or even a family law attorney is appointed a parenting coordinator.

In Arizona, parenting coordinators have what’s called “quasi-judicial” authority. This authority is limited under the law. Parenting coordinators cannot actually change how legal decisions are made in the child custody case. However, parenting coordinators have the authority to step in and resolve some disputes arising from conflicts not specified in the court-approved parenting plan.  Both parents must agree to use a PC for each one year term assigned by the judge.  If at any time the other parent does not want the PC term to renew, the PC concludes their term and is no longer involved.   

What do Parenting Coordinators Do?

It’s important to understand that parenting coordinators cannot change any clauses in the parenting plan. But other things that parents disagree with, which are not explicitly stated in the plan, can be resolved with intervention from the parenting coordinator.   Think of a PC as a referee—hired by the court—to keep the case out of court ideally.  

Parenting coordinators, for example, can step in and help when parents disagree about pick up and drop off locations of kids when sharing joint custody. Parenting coordinators can also resolve other problems with regards to holiday scheduling, meeting dates and times, and after-school activities. The law allows parenting coordinators to resolve disputes related to personal care, health, school choice, discipline and managing problem behavior in children.

Parenting coordinators, however, are not judges and their authority to solve issues are limited by law. Therefore, it’s still highly recommended to get Family Law help in Scottsdale if you and your ex cannot civilly agree on how the kids are taken care of. It’s best to have a parenting coordinator and a lawyer present during the case. If you want to change the parenting plan, it will require the assistance of a family lawyer and go to court by formal motion to the judge.  

Why Have a Parenting Coordinator?

Divorcing parents can disagree on many things from serious issues like children’s health to minor problems like how to cut a child’s hair or ear piercings (it happens). Parenting coordinators can step in and restore sanity to a situation when parents are unable to negotiate peacefully.

The alternative to having a parenting coordinator is time-consuming litigation. When parents are fighting over an issue related to custody or the parenting plan, finding a court resolution to the issue involves modifying existing court orders. Doing so means that both parents have to undergo costly litigation that could take months or years.  Therefore, having a parenting coordinator is more cost and time effective—so long as both parties agree to the formal one-year appointment of a PC.