Holiday Parenting Schedules After Separation

Managing holiday parenting schedules can become even more complicated after parents separate.

The Courts in Alberta are often tasked with determining holiday parenting schedules when the parents are unable to come to an agreement.

What is Holiday Parenting Time?

Holiday Parenting Time refers to religious holidays as well as longer breaks that the Children have from school.

Examples of Holiday Parenting Time include:

– Christmas,
– Easter,
– Thanksgiving,
– Winter Break,
– Spring Break, and
– Summer Vacation.

What will the Courts consider for Holiday Parenting Schedules?

In determining holiday parenting schedules, the Court must consider the best interests of the Children as set out in Section 16 of the Divorce Act (if the parties are married) and Section 18 of the Family Law Act (if not married).

The Courts will look at the regular parenting schedule that is currently being followed prior to determining the holiday parenting schedule, to provide consistency for the Children.

“In circumstances where the parties have a shared parenting arrangement, the Courts are likely to find that a rotating schedule over the holidays is appropriate.”

An example we often see in Court orders is that one parent will have parenting time over Christmas on odd-numbered years and the other parent will have parenting time over Christmas on even-numbered years.

While equal time over the holidays is commonly found to be in the Children’s best interests, it is not always the case. The Courts are unlikely to make a significant change from the regular parenting schedule over the holidays. An example is; if a parent does not have any overnight parenting time in the regular parenting schedule, the Courts will likely not grant overnights simply because it is over the holidays. The Courts will weigh each case on its own merits.

What about Family and/or Religious Traditions?

The Courts will take into consideration the schedule that the Children have become accustomed to prior to the separation. While this is only one factor the Courts will consider, they tend to put considerable weight on traditions if these traditions and subsequent schedules are equitable between the households.

“The Courts tend to avoid situations where the Children are moved between households often and unnecessarily, as this can be disruptive for the Children.”

Ultimately, the Courts will look at the proposals between the parents and make their determination on which proposal is better (in the Court’s opinion) for the Children.

Our team at Hayher Lee LLP has extensive knowledge and experience in litigating the issue of parenting schedules, both regular and for the holidays. While it is always encouraged for parents to attempt to come to an agreement between them that work for both households; an agreement is not always possible. Our team can provide assistance in both the negotiations as well as the litigation process to assist clients through this difficult time.