The holidays are here at last and we all have one desire: To celebrate with family and friends. Children and adults alike share this interest; however, it doesn’t always come so easy for those who are caught in the middle of a custody and/or placement dispute. Many parents are subject to custody and placement arrangements with their children but it does not always quell the symptoms of co-parenting disputes. If you or someone you know is faced with a holiday placement dispute, there are several things to remember when trying to keep the peace.

First, always be cognizant of the placement schedule set in your court order. It is important to remember that the normal placement schedule and the holiday schedule operate separate from one another. In the case of a holiday placement dispute, the holiday schedule set forth in the court order will always take precedence over the normal placement schedule (unless the parties agree otherwise). If the parties agree to deviate from the court ordered holiday placement schedule, make sure that this is reduced to writing to avoid any future (s)he said/(s)he said” problems.

Unfortunately, even if a court order sets out a specific schedule for holiday placement, that does not necessarily prevent issues from popping up between the parents. One parent may decide to act contrary to the holiday schedule and keep the child from the other parent. In this case, there are a few different options the other parent may have here. Option one would be for the parent being denied placement to keep a journal highlighting each time a dispute or not agreed upon deviation from the schedule arises. This journal should contain detailed notes about what happened on specific dates. This is helpful to provide to your attorney should you decide to take the issue into court. Option two would be to involve law enforcement. The parent being denied placement will need to provide authorities with a copy of the placement schedule proving that the other parent is withholding placement and the schedule should be followed. In most cases, contacting law enforcement should be a last resort unless there is a legitimate threat to the safety of the child.

In most cases, the court order will feature a specific holiday placement schedule; however, what happens when the original court order does not specify a holiday placement schedule? It is understood that courts typically like to see an alternating placement schedule. For example, if mom were to have placement on Christmas day this year, dad would get Christmas day placement next year and the pattern would continue this way. From the perspective of the Court, Christmas Eve is generally seen as a separate holiday from Christmas day. To allude to the previous example, during a year where mom might have Christmas Day placement, dad would likely have placement on Christmas Eve. It is important for both parents to put equal effort into exercising placement schedules that will be most beneficial for their children.

The most important thing to remember is that the children should always come first. The children are most affected in placement disputes so parents should be mindful to keep a positive atmosphere for the children. That being said, all of us at Nelson, Krueger & Millenbach would like to wish you and your family a safe and happy holiday season.