Fall Break / UEA Weekend in 2018
In 2018 the custodial parent gets the Fall Break (also known as “UEA weekend”) holiday under the state holiday schedule. The law defines the fall school break as “beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled.” Utah Code 30-3-35(2)(f)(vi). If you are following the expanded parent-time schedule in Utah Code 30-3-35.1 then the custodial parent may keep the children Sunday night until Monday morning.
Many public school districts along the Wasatch Front in Utah will be releasing children from school on Wednesday, October 17, 2018. However if your children attend a private school, year-round school, our school outside of Utah they may follow a different schedule.
Special rules may apply if you are following the out-of-state parent-time schedule or if your child is less than 18 months old. Under the out-of-state schedule the noncustodial parent gets the Fall break (beginning the last day of school before the holiday until the day before school resumes) in even-numbered years (don’t ask me why the state code does not follow the same rules for in and out-of-state parents).
Bear in mind this is all based on the standard provisions in the Utah Code. However, not all court orders follow the Utah Code. Some add additional rules, clarification, may change who gets a particular holiday, etc. If your order deviates in any way from the Code then you should follow what is in your order.
If you have questions about how holiday parent-time in Utah works we would be happy to talk with you. Give the experienced attorneys at Wiser & Wiser Law a call today at 855-254-2600.
I am confused by the UEA break. My kids’ school doesn’t observe UEA break, but has two Fridays off in a row, which would give both parents 3 day weekends as part of our regular parenting schedule (we have 50/50 joint legal/physical). The kids’ father insists that we follow the statute, giving whatever parent has UEA weekend the weekend it falls on, and also the following three day because that is his normal parent time, essentially giving one parent three weekends in a row in October. Since the wording in statute includes, “if applicable”, does this mean if the school doesn’t call it a UEA weekend it doesn’t apply?
(vi) the fall school break, if applicable, commonly known as U.E.A. weekend beginning at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
Thank you for your comment AJ. Situations like this can be challenging when a school does not give students a traditional “Fall Break” period. Please give us a call at 855-254-2600 as we cannot provide case-specific legal advice in this particular setting.
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