School breaks can be a welcome change for children, but they can create scheduling questions for divorced or separated parents. A regular parenting schedule may work well during the school year and then become difficult when the school calendar includes several days off.
Fall break may raise questions about where the child will stay, who will handle transportation, and whether the regular parenting schedule still applies. The answer usually starts with the parenting plan.
Start with the Parenting Plan
Florida parenting plans must include a time-sharing schedule that specifies when a child will spend time with each parent. The plan can also address school-related matters and other activities.
Some parenting plans specifically address academic breaks. The Florida Supreme Court’s approved parenting plan form includes provisions for defining academic breaks and making schedule changes. This can help parents determine when a break begins and ends and whether special arrangements apply.
Before making plans for a fall trip, camp, family visit, or other activity, parents should look at the actual language in their parenting plan. A school calendar does not automatically change the schedule ordered by the court.
Does Fall Break Override the Regular Schedule?
That depends on what the parenting plan says.
Some plans create separate schedules for holidays or school breaks. Others may leave certain breaks subject to the regular weekday and weekend schedule. Florida’s standard parenting plan form allows parents to establish different time-sharing arrangements for holidays and other periods, including provisions that can take priority over the regular schedule.
Fall break can also be different from one school district to another. Parents should check the child’s actual school calendar rather than assuming that every school has the same break dates.
If the parenting plan does not clearly address a particular break, parents may need to work together to determine how the existing schedule applies. An informal agreement can sometimes resolve the issue, but parents should be careful about making changes that conflict with an existing court order.
Travel Can Make a Short Break More Complicated
A few days off from school can become more complicated when one parent wants to travel with the child. Even if the parents agree that a trip would be beneficial, they still need to consider the existing time-sharing schedule.
Transportation is another practical issue. Parents may need to agree on who will pick up or drop off the child, where the exchange will take place, and what happens if travel delays interfere with the scheduled exchange.
The earlier you work through issues related to travel, the less likelihood there is of the situation blossoming into a bigger dispute.
What If the Parents Cannot Agree?
Parents do not have to see every scheduling issue the same way. They do, however, need to follow the parenting plan and any applicable court orders.
Florida law provides that modifying a parenting plan or time-sharing schedule generally requires a substantial and material change in circumstances, along with a determination that the change is in the child’s best interests. A disagreement over one fall break does not necessarily mean the entire parenting plan needs to be changed.
If you and your child’s other parent cannot agree about how fall break should be handled and the problem has escalated, we can help. To learn more or to discuss your situation with an experienced legal professional, contact the Law Offices of Robert M. Geller.
