Creating a Parenting Time Holiday Schedule That Works for Everyone

Dec 11, 2024

The holiday season can be a magical time for families, but it can also bring challenges when co-parenting and sharing parenting time. In Ontario, family law encourages parents to agree on a parenting time holiday schedule that prioritizes the children’s best interests.

Creating a holiday schedule is an important part of ensuring that children can enjoy quality time with both parents, even after a separation or divorce. This process requires careful planning, clear communication, and sensitivity to the needs of everyone involved—especially kids.

Whether you’re navigating parenting time or working out a unique arrangement, it’s important to develop a well thought out holiday schedule. This blog post explores how to approach the process thoughtfully and effectively.

What Is a Parenting Time Holiday Schedule?

A parenting time holiday schedule outlines how children will spend special occasions such as Christmas, Hanukkah, Kwanzaa, New Year’s, and birthdays. It often overrides the regular parenting schedule, allowing children to celebrate holidays with each parent.

Most separation agreements or court orders specify a holiday schedule to avoid confusion. These schedules are highly detailed and may include:

Exact dates and times for parenting transitions.
Locations for drop-offs and pick-ups.
Plans for specific holidays or family traditions.

Why Is a Holiday Schedule Important?

When a clear holiday schedule is in place, both parents can focus on making the holidays fun and enjoyable for their children, reducing the likelihood of disputes.

Having a clear agreement can also prevent disputes that could require legal intervention, which can be both time-consuming and emotionally draining.

Can parents decide to override any fixed parenting agreements regarding holidays? The answer is yes. As long as both parents consent, they can make changes to their Holiday parenting time as they wish.

Creating a Holiday Schedule: Best Practices

Here are key steps and considerations when creating a holiday schedule for your parenting time agreement:

1. Plan Ahead and Formalize Agreements

Most separation agreements include provisions requiring parents to finalize holiday plans well in advance. For example, your agreement may state that both parents need to confirm their winter holiday dates by December 1. If no agreement exists, parents may need to negotiate a schedule with the help of family law lawyers.

Planning early allows time to resolve disputes amicably or through mediation if needed. If court intervention becomes necessary, it can take months to secure a court date, so starting the process early is essential.

2. Focus on the Best Interests of the Children

Always focus on the children’s best interests: this is the core component of any parenting time agreement. Ontario courts consider factors such as:

The children’s safety, well-being, and emotional needs.
Family traditions and established routines.
The children’s relationships with each parent.
The children’s wishes, with older children’s opinions carrying more weight.
Any history of family violence or power imbalances.

Spending meaningful time with both parents is generally considered beneficial for children. Courts often prioritize arrangements that allow for equal or equitable time with each parent during holidays.

3. Include Specific Details

A detailed holiday schedule prevents misunderstandings and disputes. For example, specify:

The exact time children transition between parents (e.g., “12:00 p.m. on Christmas Day”).
How holidays like Christmas Eve, Christmas Day, and Boxing Day will be shared.
Provisions for travel, including whether written consent is required for trips out of town or the country.

Parents can also outline plans for resolving disagreements. For example, they can use a parenting coordinator or assign one parent priority to pick holiday time in alternating years.

Common Holiday Scheduling Arrangements

What are your options for holiday scheduling arrangements? We explore the four key types of parenting time holiday schedules:

Alternating Holidays

This approach is when you rotate holidays between parents each year. For example, one parent might have the kids for Christmas Eve and Christmas morning in odd-numbered years, while the other has them in even-numbered years.

Splitting Holidays

Another option is to divide holidays equally. For instance, children may spend Christmas Eve with one parent and Christmas Day with the other, switching at a set time (e.g., noon).

Maintaining Family Traditions

If one parent’s family traditionally celebrates Christmas Eve while the other celebrates on Christmas Day, schedules can accommodate both. Courts and mediators often seek to preserve traditions important to the children.

Entire Holiday Periods

When parents live far apart, they may alternate entire holiday periods, such as one parent having the children for the full winter break one year and the other the next.

What Happens When Parents Can’t Agree?

There are times when parents are unable to agree on a holiday schedule. In cases like these, they have several options:

Alternative Dispute Resolution (ADR): Divorce mediation, parenting coordination, or arbitration can help parents reach a resolution without going to court.
Court Intervention: If ADR is unsuccessful or unsuitable (e.g., due to domestic violence), parents can ask the court for a parenting order.

When deciding on a holiday schedule, judges focus on the children’s best interests and often consider:

The existing status quo, such as past holiday arrangements.
Each parent’s ability to support the children’s relationship with the other parent.
The children’s preferences, especially for older children.

Travel Considerations and Long-Distance Parenting

Holiday travel can complicate schedules, especially when parents live in different cities or provinces.

In these cases, parents need to ensure travel plans do not interfere with the other parent’s time. The travelling parent will also need to arrange for the other parent to sign a travel consent letter confirming that the children can travel with one parent for those specific dates. This will be necessary to leave Canada, but can also be helpful for domestic travel.

It’s also wise to decide on travel arrangements in advance to prevent last-minute conflicts.

When parents live far apart, alternating holiday periods or combining travel plans with parenting time may be the most practical solution.

Consult Experienced Ontario Family Lawyers For Parenting Time Holiday Schedule Support

A parenting time holiday schedule is an important part of co-parenting, ensuring that children can celebrate with both parents in a way that supports their well-being. Whether negotiated independently, through mediation or arbitration, or via court intervention, the ultimate goal is to prioritize the children’s happiness and stability.

Need guidance in creating or modifying a holiday schedule? Consult experienced Ontario family lawyers.

Contact Kelly Jordan Family Law Today: Your Family Law and Child Support

Our experienced team of family law lawyers in Toronto is dedicated to providing compassionate and effective legal counsel. Whether you’re facing the complexities of separation, divorce, estate planning or spousal support, we can help.

We can support you with child support agreements as well. Connect with Kelly Jordan, our family law lawyer, to see how she can support you in regard to your legal needs.

You can contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need during this challenging time.