Who Gets Spring Break and Easter Parent-time in 2017?
Utah Code 30-3-35(2)(f)(iii) states that for children 5 and older the non-custodial parent is entitled to spring break parent-time in 2017 beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday before school resumes. If this holiday period falls on a weekend or a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free from work, the noncustodial parent may be entitled to this lengthier holiday period. Utah Code 30-3-35(2)(e). At the election of the noncustodial parent, his or her time may begin from the time the child’s school is regularly dismissed until 7 p.m. on the last day of the holiday weekend or, if the child is free from school, as early as 9 a.m., accommodating the custodial parent’s work schedule, unless the court has ordered otherwise.
If your child is less than 5 years old your spring break parent time may be governed by Utah Code 30-3-35.5. Depending on the age of your child, whether the child is preschool age, and what your court order says, you may or may not be recognizing “school” holidays like Spring Break. The way the statute is worded the holiday likely applies for children 18 months and older, but it is unclear whether it applies to children younger than 18 months.
The Utah Code does not specifically address Easter. Often the Easter holiday will overlap with whoever has the children for spring break and that parent gets both holidays. But sometimes spring break and Easter will occur at different times in which case the Easter weekend is treated like regular parent-time.
Bear in mind these are default rules. If your court order says something different or provides more specific rules then you should follow what is in your order. Courts always encourage parents to discuss and work out their own parent-time schedules rather than rely upon court-imposed solutions. But if parents cannot agree on their own holiday schedule the Court will often adopt the holiday schedule found in Utah Code 30-3-35 which is a 50-50 schedule.
If you have questions about holiday parent-time give us a call at 855-254-2600.