For many separated families with school-aged children, summer can be a challenge. A written parenting plan or a Court Order which sets out summer parenting time and the children’s activity schedules may make things less challenging (of course there can still be issues), but with those families who have no written parenting plan, separation agreement or court order, the challenges could be far more high-conflict.

With regards to those families without an order or agreement in place, the summer parenting time schedule may still be straightforward. Consider, for example, those families who follow the same summer parenting time schedule informally every year. However, arranging such a schedule may prove to be difficult for families who are newly separated, or those who negotiate a summer visitation schedule each year to accommodate the varying schedules of the parents and the aging child(ren).

It will be helpful for our readers to know that when a court or arbitrator is considering a parenting time award, the focus is always on the best interests of the child(ren), and not on the interests and rights of the parents. Although parents’ wishes are often at the forefront of a summer parenting time negotiation – as mom or dad may only be allotted a certain week off work for a vacation for instance – it’s important to remember that for the court, these wishes are irrelevant. Rather, the best interests of the children are what the court will examine. For example, will the child(ren)’s best interests be met if they were to travel to Disneyland with mom and her new partner? Or would the child(ren)’s best interests be better served remaining in their home community and not missing any soccer camp?

Although it may seem that a vacation is always in a child(ren)’s best interests (after all – who doesn’t love a vacation?) this is not the case for the courts. According to one Canadian Judge, “The best interests of a child are not to be confused with such things as the “benefits” of a vacation.”

In this case we refer to, the father sought to take his child on a vacation outside the country, and the mother obtained an order which restrained the father from doing so. Ultimately, the court made the final determination in accordance with the child’s best interests, and the father was not permitted to travel with the child. For the court, the evidence did not establish that the children’s best interests would be served by removing them from their home jurisdiction.

To avoid both the cost and uncertainty of court, parents ultimately need to be able to agree on how to divide their child(ren)’s time during the summer. They must do so in a way that is best for their child(ren). Mediation may also be an option for parents who would like to settle their dispute outside of court. We can help you navigate the mediation process and attend with you if you wish.

On a related note, as a parent, if you are seeking to travel outside the country with your child(ren) for a vacation, it will be necessary for you to obtain a consent to travel from your ex-spouse. If such consent is denied, you may want to schedule a time to come speak to us.

We can also help to give you more information on how a judge may go about determining who should be granted more parenting time in the summer or otherwise. Please contact our office to schedule a consultation by contacting Katelyn or Sarah. We would be happy to help.