by Rebecca Long Okura | May 6, 2008 | 82 comments
Teressa Yungon November 22, 2020 at 9:41 pm
We are considered the NCP. This year we have the Thanksgiving holiday. Our daughter’s last day of school is on Tuesday. We thought according to 30-3-35 (2)(e)(ii)(A) we could pick her up after school on Tuesday but the CP is saying that only applies if it’s a holiday weekend and Thanksgiving is just a holiday not a holiday weekend so we’re not allowed to pick her up until Wednesday. Legally are we correct and should be able to pick her up on Tuesday or is it Wednesday?
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Rebecca Long Okuraon November 23, 2020 at 5:54 pm
You are correct. The holiday, according to the code, is the entire period the child is free from school. So it begins Tuesday after school and ends Sunday evening.
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Joe Hawson February 18, 2019 at 8:18 pm
Can you specify the holiday schedule for Columbus and Veteran’s day?
I read it to say that I would be allowed to have visitation for the entire weekend since it is contiguous to the weekend since it almost always falls on a monday.
I understand it is not clear, would I need to get a court to decide?
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Rebecca Long Okuraon April 22, 2019 at 2:21 pm
If parties are following the Utah statute, for holidays that fall on a Monday and are contiguous to the weekend, parent-time is for the whole weekend unless your court orders say otherwise. If your orders are unclear, it is always wise to go back to court to get clarity so that everyone can comply with the orders of the Court.
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PI in Oakvilleon August 21, 2018 at 4:53 pm
I enjoyed visiting your webiste. I leave comments rarely, but
you definately deserve a thumbs up!
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Rebecca Long Okuraon September 20, 2018 at 9:40 am
Thanks!
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Travison May 1, 2018 at 5:56 pm
This is a great resource. Hopefully you are still responding to comments. I have a question about uninterrupted parent time in the summer. The NCP has Memorial Day weekend since it is an even year. The CP is trying to use extended parent time to take the kids on vacation over Memorial Day Weekend. Does the holiday for the NCP trump the extended parent time for the CP?
Thank you!
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Rebecca Long Okuraon May 2, 2018 at 12:44 pm
Thank you! I’m glad that you find the blog useful! 30-3-35 section (2)(l) states: Extended parent-time with the [parent exercising extended time] may be: (i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays:
The code then goes on to break that 4 weeks of time into two weeks interrupted and two week uninterrupted, but the provision above is prefatory to that. Therefore, it would be reasonable to read the code to say that a parent cannot schedule their extended parent-time on top of a holiday awarded to the other party. However, always make sure that your decree directs you to follow the code rather than making some other order. Parents, can also, agree to other time if they want to. Good luck and thanks for your question!
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Helenon January 2, 2016 at 12:17 am
If a child is in year round school, and their particular track is off following the “winter break” (and the other tracks resume school), is their off track time considered ” contiguous ” to the holiday period? That wouldn’t seem right, considering if that entire time were split equally one parent would be denied any part of the Christmas \New Year holiday.
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Chelseaon January 17, 2021 at 2:30 pm
We are allowed the 1st portion of Christmas this year (2021) and according to the statute the day we get her is December 17th and the CP would get her the 25th at 1 pm due to it being a total of 17 days and the 25th is half way through. I am unsure if Christmas day is considered to exchange since that would mean that the CP would get Christmas day and new years. Am I reading it correctly?
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Michelleon December 17, 2015 at 4:46 pm
Can you please help me understand the first portion of Christmas vacation. My step kids last day of school before Christmas break is tomorrow, Friday 12/18. It is my understanding that we are supposed to pick them up that evening. It says to split the Christmas vacation evenly. Does the Christmas vacation start the next day the 19th since they actually have school on the 18th? I am trying to understand if the break is considered 16 days or 17 days if they go back to school on Monday, January 4. I would like to know if half way through the vacation is 1 pm or 7 pm on December 25 or if it is 1 pm or 7 pm on December 26. Please help and thank you!
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Rebecca Long Okuraon December 17, 2015 at 7:08 pm
Usually in when talking about parent-time in Utah we are counting overnights. The reason we do this is because child support is based in part by the overnights the parents have; this implies this is how to count for all parent-time “days.” By my count, most kids are off 16 overnights for 2015 winter break, the first of which is Friday Dec 18) Therefore 8 overnights to each parent and an even number of days in the break, so the exchange happens at 7 p.m on the day after the non-custodial parent has her or her 8 overnights. Your specific court order could vary greatly from this so please always look at your specific court orders. Happy Holidays!
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Ericaon December 10, 2015 at 4:02 pm
Is the language regarding Christmas vacation still current since 2008, or has there been a change since then? 30-2-35 is sort of ambiguous as to how it is divided. What I have read says half way through the holiday and I’ve also ready that Christmas Day itself is split either at noon or 7pm depending on even or odd days in the holiday, but Christmas Day isn’t half way through the holiday so I’m confused.
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Rebecca Long Okuraon December 10, 2015 at 4:28 pm
Here is the most current Utah Code Ann. sec. 30-3-35 language regarding Holidays (Note: there is more to the statue! I’ve only cut out the holiday part. Click on the link to read the entire statute.)
Holidays include any “snow” days, teacher development days after the children begin the school year, or other days when school is not scheduled, contiguous to the holiday period, and take precedence over the weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule; however, birthdays take precedence over holidays and extended parent-time, except Mother’s Day and Father’s Day; birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted time takes the child away from that parent’s residence for the uninterrupted extended parent-time.
(d)If a holiday falls on a regularly scheduled school day, the noncustodial parent shall be responsible for the child’s attendance at school for that school day.
(e)
(i)If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period.
(ii)
(A)At the election of the noncustodial parent, parent-time over a scheduled holiday weekend may begin from the time the child’s school is regularly dismissed at the beginning of the holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B)at the election of the noncustodial parent, if school is not in session, parent-time over a scheduled holiday weekend may begin at approximately 9 a.m., accommodating the custodial parent’s work schedule, the first day of the holiday weekend until 7 p.m. on the last day of the holiday weekend, if the noncustodial parent is available to be with the child unless the court directs the application of Subsection (2)(e)(ii)(A).
(iii)A step-parent, grandparent, or other responsible individual designated by the noncustodial parent, may pick up the child if the custodial parent is aware of the identity of the individual, and the parent will be with the child by 7 p.m.
(iv)Elections should be made by the noncustodial parent at the time of the divorce decree or court order, and may be changed by mutual agreement, court order, or by the noncustodial parent in the event of a change in the child’s schedule.
(f)In years ending in an odd number, the noncustodial parent is entitled to the following holidays:
(i)child’s birthday on the day before or after the actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
(ii)Martin Luther King, Jr. beginning 6 p.m. on Friday until Monday at 7 p.m. unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii)spring break beginning at 6 p.m. on the day school lets out for the holiday until 7 p.m. on the Sunday before school resumes;
(iv)July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v)Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(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;
(vii)Veteran’s Day holiday beginning 6 p.m. the day before the holiday until 7 p.m. on the holiday; and
(viii)the first portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b) including Christmas Eve and Christmas Day, continuing until 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or until 7 p.m. if there are an even number of days for the holiday period, so long as the entire holiday period is equally divided.
(g)In years ending in an even number, the noncustodial parent is entitled to the following holidays:
(i)child’s birthday on actual birthdate beginning at 3 p.m. until 9 p.m.; at the discretion of the noncustodial parent, he may take other siblings along for the birthday;
(ii)President’s Day beginning at 6 p.m. on Friday until 7 p.m. on Monday unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iii)Memorial Day beginning at 6 p.m. on Friday until Monday at 7 p.m., unless the holiday extends for a lengthier period of time to which the noncustodial parent is completely entitled;
(iv)July 24 beginning at 6 p.m. on the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;
(v)Columbus Day beginning at 6 p.m. the day before the holiday until 7 p.m. on the holiday;
(vi)Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.;
(vii)Thanksgiving holiday beginning Wednesday at 7 p.m. until Sunday at 7 p.m.; and
(viii)the second portion of the Christmas school vacation as defined in Subsection 30-3-32(3)(b), beginning 1 p.m. on the day halfway through the holiday period, if there are an odd number of days for the holiday period, or at 7 p.m. if there are an even number of days for the holiday period, so long as the entire Christmas holiday period is equally divided.
(h)The custodial parent is entitled to the odd year holidays in even years and the even year holidays in odd years.
(i)Father’s Day shall be spent with the natural or adoptive father every year beginning at 9 a.m. until 7 p.m. on the holiday.
(j)Mother’s Day shall be spent with the natural or adoptive mother every year beginning at 9 a.m. until 7 p.m. on the holiday.Reply
Linda Davidsonon December 1, 2015 at 3:51 pm
My question is pertaining to 30-3-37 section 6 (c) regarding off-track time for consecutive weeks. Does this mean 1 period of off track time or 1/2 of all off-track time?
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Rebecca Long Okuraon December 10, 2015 at 4:34 pm
@Linda,
First I want to note for readers that 30-3-37 is “relocation” parent-time specific to parents who do not live within 150 miles of each other. Reading what your Court Order actually says is vital in this area as 30-3-37 is just one of many different arrangements made by parents who live far apart.The statue says:
(6)Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time for children 5 to 18 years of age:
(a)in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i)Thanksgiving holiday beginning Wednesday until Sunday; and
(ii)Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
(b)in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i)the entire winter school break period; and
(ii)the Fall school break beginning the last day of school before the holiday until the day before school resumes;
(c)extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and
(d)one weekend per month, at the option and expense of the noncustodial parent.It appears Linda that your question might be in the realm of a school that is “year round” and uses “on and off track” time. Generally, summer time parent-time according to subsection (6)(c) is 1/2 of the entire time the child is out of school for SUMMER break is divided by the parties. I have no sense of the interpretation of the court being specific to year-round school. Hopefully your court order will make it more clear for you. Year-round schools are something that makes flat application of the statute very difficult.
Thanks for your comment!
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Georgiaon November 3, 2015 at 11:57 am
What exactly is the definition of “uninterrupted summertime”? Does it mean the party who does not have the child can not contact the other party? However, can the party that has the child contact the other party regarding their child?
Example : I’m the CP, took our son to Disneyland, emailed pictures of our son so his dad wouldn’t miss out.Reply
Rebecca Long Okuraon December 10, 2015 at 4:25 pm
@Georgia, Uninterrupted summertime does not usually mean no contact. It simply means no regular parent-time such as OVERNIGHTS at the other parents home no evening and weekend visits. However, this is very much dependent on what you Decree or Court Order says. There may be other restrictions or opportunities according to your own case.
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Confusedon August 12, 2015 at 10:34 am
I understand that if a holiday falls on a Friday or Monday and it extends past that, the NCP may have this time if they are free from work. However, if Fall Break is the holiday and it is Thursday and Friday and. Professional Day is Monday, but the NCP isn’t free from work on Monday, would this matter? The Monday is part of the holiday period as Fall Break is not a one day holiday such as Columbus Day. I’m wondering if the children could remain with the NCP regardless of work as this is in the holiday period.
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Rebecca Long Okuraon August 14, 2015 at 10:21 pm
Professional Day is not a holiday listed under 30-3-35 so it would likely be treated under the other language you reference in that the “child is free from school and the parent is free from work.” However, if the parent is not free from work, it seems that under either the holiday language or the child/parent availability language the time would not be given to the non-custodial parent.
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Anaon August 12, 2015 at 1:58 am
My question is about the Labor Day holiday weekend. How do you know if the holiday is extended?
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See AlsoUtah Code 30-3-35 Minimum Parent Time in Divorce or Paternity - Arnold, Wadsworth & CogginsUtah Title 30 — Husband And Wife :: :: 30-3-35 — Minimum Schedule For Parent-time For Children 5 To 18 Years Of Age.Section 30-3-35 - [Renumbered Effective 9/1/2024] Minimum schedule for parent-time for a child five to 18 years old, Utah Code § 30-3-35Parent-Time in Utah- Age 5 to 18 Yrs Old- State Code 30-3-35Rebecca Long Okuraon August 14, 2015 at 10:19 pm
Labor Day is one of the listed holidays under Utah 30-3-35 and falls on a Monday. Therefore, the statute intends that Labor Day as a parent-time weekend would begin Friday after school and continue until Monday evening, “trumping” the regular rotation of parent-time. Thanks for stopping by our site!
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JSon August 6, 2015 at 2:17 am
Under 30-3-35, do noncustodial parents get weekday visits every week, including the weeks where the child stays the weekend?
Thanks
JSReply
Tara Poulsenon June 9, 2015 at 8:02 am
iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
Does the statement ‘but not weekends” mean the custodial parent will not have visitation on their regular scheduled weekend during the interrupted weeks?Thanks!
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4sunshineon July 14, 2014 at 12:11 pm
I have a question regarding interrupted time. My ex and I have a modified visitation schedule, his week day visit is every other week, Wednesday -Friday until 4pm. During the 2 week interrupted time, minus the weekend, visitation to the custodial parent should have this same schedule of visitation that is followed. Is this correct?
Thank youReply
Rebecca Long Okuraon July 16, 2014 at 1:18 pm
The code section to which you’re referring is 303-3-35 (2):
(k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time when school is not in session for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days prior to the end of the child’s school year to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.I can’t give you direct legal advice and under the scenario you’ve described, your court order could be what we call a 2-5-5-2 split and in that case, there is essentially no real “interrupted” parent-time. But under the straight code reading, the custodial parent is to take the weekday time which is usually the non-custodial parent’s.
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Mercedeezon July 9, 2014 at 12:14 pm
I understand that holiday time “trumps” parent-time without changing the weekend rotation. However, the statute is a bit unclear as to what happens when the NCP’s holiday for any given year also coincides with the NCP’s regularly scheduled weekend parent-time.
For example, the child’s actual birthday is the NCP’s holiday this year and it falls on the NCP’s regularly scheduled parent-time weekend. The CP is entitled to the day before or after the actual birthday from 3pm to 9pm. The CP is saying that they are entitled to the actual birthday until 3pm since the statute defines times for the NCP’s holiday as from 3pm to 9pm. Would this be correct since the NCP’s holiday is concurrent with the NCP’s regularly scheduled weekend parent-time?
It has always been my understanding that the statute lists actual times for cases in which one parent’s holiday time would impede upon the other parent’s parent-time and that it presumes that there is little to no change in regularly scheduled parent-time due to a holiday if the holiday falls within the parent-time for the same parent. If a holiday that is the NCP’s holiday also falls on the NCP’s weekend, then there is no change to the schedule. Am I understanding this correctly?
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Raunaon July 2, 2014 at 11:58 am
I have a question about the July 4th holiday this year and how the Utah State Statute reads. Does the holiday start at 6pm on July 3rd and run to 6pm on July 5th? Or does it mean that you get either July 3rd @ 6pm until July 4th @11pm OR July 4th @ 9am to July @ 5th 6pm? The way it reads it confusion…
(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday
Thank you in advance for the clarification!!!
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Rebecca Long Okuraon July 2, 2014 at 12:05 pm
Thanks for stopping by our site. It’s a good question. When you look at Utah Code 30-3-35 as a whole you’ll see this:
(2)(e) (i) If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period.
…
(f)(iv) July 4 beginning 6 p.m. the day before the holiday until 11 p.m. or no later than 6 p.m. on the day following the holiday, at the option of the parent exercising the holiday;This year, an even numbered year, it is the custodial parent who gets the 4th of July holiday. It falls on a Friday this year, so the statute seems to indicate that from July 3 at 6 p.m. to Sunday evening, the custodial parent has parent-time. Realize that this is a reading of the statute. Your court orders may read differently and there are other issues about “trumping” time if the there’s a birthday or if it’s the parent’s uninterrupted time. Good luck and enjoy the holiday weekend.
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mollieon April 14, 2014 at 7:35 pm
Thank you!
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Rebecca Long Okuraon April 15, 2014 at 12:05 pm
@Mollie, Anytime 🙂
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Rebecca Long Okuraon April 14, 2014 at 7:27 pm
Below is a link to the latest version of Utah Code Annotated 30-3-35, which provides holiday parent-time. Notably, the version that was in place at the time of the parties’ order is the version that parties are supposed to follow. However, many people don’t have a copy of that version attached to their court order and therefore end up following the latest version.
For this year, 2014, many many schools had a Spring Break that does not overlap Easter Sunday. The code has no holiday provision whatsoever for Easter Sunday and the parties just follow their regular rotation. This year, Spring Break goes to the parent deemed the “custodial parent” by court order or by agreement for the purpose of following the holiday division.
http://le.utah.gov/code/TITLE30/htm/30_03_003500.htm
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mollieon April 14, 2014 at 2:00 pm
Our school district spring break does not fall anywhere close to the actual day of Easter Sunday this year. In such case, would Easter day be split? Our specific order doesn’t address this. We are ordered to follow Utah standard 30-3-35 for holiday visits.
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mollieon April 14, 2014 at 12:48 pm
Is Easter Sunday split between parents?
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Rebecca Long Okuraon March 27, 2014 at 3:04 pm
Clarify some of the questions above.
For children under 5 years of age, the parent should be looking to 30-3-35.5 rather than 30-3-35. However, if there are older siblings, often the court may shuttle around children under 5 on the same schedule as the older children unless the child is very very young or there are other reasons to have slightly different schedules.
Note that 30-3-35 (2)(e) states “If a holiday falls on a weekend or on 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 (the parent exercising parent-time) shall be entitled to this lengthier holiday period.”
We have many times had the court interpret this to mean that if the child will be off school on a Monday, whether for a single day or for many days, the parent-time may be interpreted to extend to FRIDAY after school prior to that Monday. Similarly if the child is off school on Friday, the parent-time may be interpreted to extend through Sunday night. Meaning SPRING BREAK of Monday through Friday may often be considered to start Friday night after school and extend to the the Sunday evening after the week off, which is a total of 9 overnights.
Thanks for your questions.
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mollieon March 27, 2014 at 2:36 pm
If school let’s out on Friday as usual and Monday begins the official day without school for spring break, when does the exchange happen?
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Adamon December 17, 2013 at 10:27 pm
There seems to be 2 conflicting sections (below) that have confused both parents. In the first section it states “contiguous”, and the second section it states “extends”. Specifically as it relates to holidays that fall on Mondays (Columbus Day, Veteran’s Day in some years, children’s birthdays, but not Halloween as that is specifically excluded from any extended time). One could reasonably interpret this to mean that the weekend is not included in the holiday based on one section that only extends, or it could be included based on contiguous. Is there something I am missing or taking out of context? And why didn’t the state define Columbus Day as a Fri-Mon holiday like they did with Labor Day, Memorial Day and others, when they knew that kids would not be out of school and it always falls on a Monday (since 1971)?
(iv) Weekends include any “snow” days, teacher development days, or other days when School is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any “Snow” days, teacher development days, or other days when school is not scheduled, Contiguous to the holiday period, and take precedence over the Weekend parent-time. Changes may not be made to the regular rotation of the alternating weekend parent-time schedule; however, birthdays take precedence over holidays and extended parent-time, except Mother’s Day and Pather’s Day; birthdays do not take precedence over uninterrupted parent-time if the parent exercising uninterrupted
time takes the child away from that parent`s residence for the uninterrupted extended parent-time.(e) (i) If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period.
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B. Ellison October 14, 2013 at 3:30 pm
How does one split the Christmas holiday in half when the child is 3 years old? The code is based on school break, correct? If they aren’t in school yet, I’m not sure what constitutes half the holiday?
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Rebecca Long Okuraon July 30, 2013 at 2:28 pm
Many of the questions about the code surround some of the same issues so I can attempt to broadly clarify our understanding of the code but please do consider calling us to help you with your specific case so that we are sure that we’ve taken all of the factors into consideration.
TRUMPING- The general idea is that Holidays, and days “connected” to holidays because they are contiguous, “TRUMP” the regular rotation of parent-time. This is true for either custodial or non-custodial parents. If the child is off school and the parent off work and the holiday extends from Friday through Monday evening, for example, the parent gets from Friday after work until Monday night at the designated time. If this includes a snow day, this trumps the regular rotation of parent-time. The way we talk about it is that the holiday schedule “lays on top off” the regular rotation, meaning that the regular rotation doesn’t change just because of a holiday- there will be some years where one parent could have a child three or more weekends in a row because of the holiday laying on top off the regular rotation.
HALLOWEEN- Utah Code Annotated 30-3-35(4) very specifically says that Halloween cannot be extended even if it falls on a Monday or Friday.
ELECTIONS- For the most part, elections are required by the non-custodial parent. Meaning, at the time of the court’s order (when the election is to be made has some variance in the code), the non-custodial parent must pick whether he or she will be picking the child up from school on Fridays or at 6 p.m. Also, which evening will be the midweek visit and will it be after school or starting at 5:30? These are non-custodial elections. Other types of “elections” are for either parent. If the parent wants extended time, they need to elect it and provide notice 30 days before the end of the school year. The code is usually specific about when elections need to be made.
YEAR-ROUND-SCHOOL- There are many challenges when looking at the statute and how to use it when your child is in year round school. As a “shorthand,” think of the extended time being able to be exercised when the child is off school for any extended break (greater than a few days). The code uses the phrase “When school is not in session” but it seems reasonable that if the school break is 5 or more days off of school, it’s an option for requesting extended time.
VIRTUAL and PHONE time- the code presumes that phone or computer contact is okay during the other parent’s parent-time as long as it is of reasonable frequency and duration. “Uninterrupted time” does NOT mean that you cannot have phone contact (and if 100 miles apart, computer video conferencing). Courts vary as to what is reasonable, but most say phone contact of every other day for 10-20 minutes is sufficient. Some court allow more, others much less. Texting between children and parents is becoming a big issue. The courts suggest that NEITHER parent should be texting their children during school hours unless it’s a singular text about pick-up from school or some similar vital information. Other issues are texting during parent-time. The court say that the parents should not “erode” the other parent’s parent-time with excessive texting, phone calls or video conferencing.
NOTE: These are the opinions of the firm based on our experience. We have no ability to predict what any individual judge or commissioner will do in your specific case.
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Shawnaon July 30, 2013 at 1:22 pm
Question regarding uninterrupted time…
I found this in Utah code 30-3-32
(e) “Uninterrupted time” means parent-time exercised by one parent without interruption at any time by the presence of the other parentDoes this mean that I have the right to call/text our child while he’s away? Doesn’t seem unreasonable for either party to be able to communicate?
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CONFUSED BY ALLon December 22, 2010 at 3:48 pm
Whoever updated this code should be terminated. “idiot” I say this because it is not in the best interest of separating the children on the Christmas “Holiday” The NEW “Holiday vacation” is needing corrections.
I’m still upset and continue to fight this one. so how is the “Holiday” suppose to be split? refer to 30-3-33 (17) My family would like to celebrate Christmas this with their grand kids.
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Deonnaon July 4, 2010 at 4:18 pm
In section (2)(c) it contains the following sentences: Holidays include any “snow” days, … , contiguous to the holiday period, and take precedence over the weekend parent time. Changes may not be made to the regular rotation of the alternating weekend parent time schedule;
To me, these are contradictory sentences. If the custodial parent’s holiday falls on the non-custodial parent’s weekend parent-time, who gets the children? The first sentence says, in this case, the custodial parent gets the children. The second sentence says the non-custodial parent gets the children. This scenario is coming up soon and I would like to know how this should play out. Thank you.
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israelon December 15, 2009 at 11:35 pm
can u give me and example for the christmas portion ,for the non custodial parent, my kid’s gets off school on 12/23/2009. For how many days he will have the kid’s
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Tomon November 30, 2009 at 9:09 am
My kids attend school in the Granite School District. In 2009, they break for Christmas on Friday 12/18 @ 1:30. They return on Monday 1/4. When I do the math on the number of days in the break I calculate 16 days. Each parent should get 8 full days. Statute says turn-over time is 7pm on the day half-way through the break because there are an even number of days. Question, when is the day mid-way through the break? Is it the 25th or 26th? Does the state publish a copy of the parent-time calander for each specific year? If so, where can I find it.
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Jadeon October 5, 2009 at 8:02 pm
I need clarification on the Halloween time and holidays that fall on weekend or friday or monday. My husband (non-custodial parent) and I have my son for the weekend of Halloween this year however, my son’s mother (custodial parent) has him for the holiday. Would she get him for the entire weekend? Or just for the few hours designated?
Notwithstanding Subsection (2)(e)(i) (2) (e) (i) If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period., the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi). (2)(g)(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.With subsection (2)(e)(i) If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period.
Does that also mean that the custodial parent gets the same consideration on those holidays that fall on a weekend or on a Friday or Monday or is that just for non-custodial parents?
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Joe Hawson February 18, 2019 at 7:58 pm
I really want to know if there is a definitive answer to this question.
It is the most difficult part to understand.Reply
Rebecca Long Okuraon April 22, 2019 at 2:24 pm
Hi Joe, See my July 30, 2013 comment below and see if that clarifies at all. If not, just let me know and I’ll see what I can do to help further clarify. Best of luck!
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Jadeon October 5, 2009 at 7:54 pm
I need clarification on the Halloween time and any other holidays that fall on a weekend or friday or monday. My husband (non-custodial parent) and I have my son for the weekend of Halloween this year however, my son’s mother (custodial parent) has him for the holiday. Would she get him for the entire weekend? Or just for the few hours designated?
Notwithstanding Subsection (2)(e)(i) (2) (e) (i) If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period., the Halloween holiday may not be extended beyond the hours designated in Subsection (2)(g)(vi). (2)(g)(vi) Halloween on October 31 or the day Halloween is traditionally celebrated in the local community from after school until 9 p.m. if on a school day, or from 4 p.m. until 9 p.m.With subsection (2)(e)(i) If a holiday falls on a weekend or on 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 shall be entitled to this lengthier holiday period.
Does that also mean that the custodial parent gets the same consideration on those holidays that fall on a weekend or on a Friday or Monday or is that just for non-custodial parents?
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Rochelleon September 11, 2009 at 9:09 pm
The code says that the custodial parent gets two-weeks uninterrupted time during summer vacation. My children are in year-round school. They are only out 3 weeks during July. Between holidays and work, it is a hard time of year to take a vacation. I’ve found definitions of year-round school saying that summer vacation is divided by breaking up the long summer vacation into shorter, more frequent vacations throughout the year. Does that mean I can take my two-weeks uninterrupted when they are off track in November?
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Hollyon July 8, 2009 at 8:16 pm
In the summary there are parts that state specifically “at the election of the NCP…” Does this imply that on the alternate years the CP would get the same elections? For example, during extended parent time for the NCP, when the CP is entitled to parent time, can the CP elect tp pick up the kids at 9AM? Or does the CP only get 5:30-8:30 mid-week visit. Another example, can the CP elect to take the entire weekend attached to the holiday as the NCP can?
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Jessicaon July 2, 2009 at 9:27 pm
My husband is the non custodial parent and we have net yet entered our temporary orders in court for custody. However, we have verbally agreed to honor the current visitation. For the 4th of july, I show that he picks the kids up at 6:00 on the 3rd, and then can keeps them if he wants until the 5th at 06:00. My husband stated that because the 4th falls on a weekend, he can extend the weekend from 09:00 am on the 3rd to 7:00 on the 5th. IS this correct
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Rebeccaon May 18, 2009 at 11:37 pm
@Wendi: Both of these questions depend somewhat on what your Decree actually says. As for your first question, I do not know how restrictive a court would be if the non-custodial parent did not make the election at the time of the court order. I suspect that as long as the non-custodial parent made the election within a reasonable period of time and didn’t jump all over the place changing that election, the court would be unlikely to permanently deny the non-custodial parent to have that parent-time. However, it really depends very much on your circ*mstance, the language of your order, and the facts of your case as the commissioner or judge sees them.
If your Decree contains a “first-option to provide care” provision that may affect your second question. If your Decree is not specific about what to do in that circ*mstance, all we can turn to is the language of the statute for guidance.
Thank you for stopping by our blog. Because your questions appear to be specific to your case, we cannot give you direct legal advice but are restricted to pointing to logic, our experiences in court generally, the Code, and case law. Your own court orders often hold the key to the answers in your case. If you would like a free consultation, please call us and we can look more closely at your documents.
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Wendion April 24, 2009 at 12:36 pm
It also says “at the election of the noncustodial parent…” additional time may be taken (i.e., from the time school get out as opposed to 6 pm). It also says “Elections should be made by the noncustodial parent at the time of entry of the…court order…”. Does this mean that if the noncustodial parent has not elected at the time the order was put into effect to take the elections, they can’t take them at a later date (unless by mutual agreement, court order, or change in child’s schedule)?
Also it mentions that “a step-parent, grandparent, or other responsible adult…may pick the child up…if the parent will be with the child by 7pm”. Does this include extended parent-time in the summer? For example, let’s say the NCP works during the week and can’t take the time off of work to take 2 weeks uninterrupted. Can the NCP send the minor to extended family if NCP will not be able to spend time with the minor?
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Rebeccaon April 13, 2009 at 3:05 pm
@Shaun: Generally the commissioners and judges are telling us that parties should follow the holiday time that was in place by code at the time of the parties most recent order, unless there has been other stipulated agreement or unless your order provides otherwise.
@Kimberlee: Agreed. The statute makes a completely muddy allotment of extended parent-time. We are uncertain how the courts will read subsection 2(k). The court could interpret it to mean four consecutive weeks, two uninterrupted by any parent-time (except holiday time to the other parent) followed immediately by two weeks of parent-time in which the other parent has one mid-week visit of a few hours, but not the weekends. OR the courts could interpret that the time can be taken in two separate blocks of time, each one being two consecutive weeks. OR the courts could interpret that the time during in the “interrupted” two weeks is to be greater weekday time than just that one brief statutory mid-week evening. It is impossible to know, particularly when so many parties are following slightly different parent-plans than the parent-time set forth in Utah Code as a minimum.
If anyone has had this issue heard by a court and received a ruling, we would love to have you comment on this blog. Thanks!
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Kimberleeon February 23, 2009 at 10:56 pm
I was just reading the response above concerning extended summer parent-time, but still seemed confused by the way it reads. It states Extended parent-time with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
But, then when it states that two of those weeks are only weekends for the non-custodial parent that seems like a contradiction. Why would it state “up to four weeks consecutive” if really it is only two weeks and then weekends? We already have my step-daughter on every weekend, so in this case the remaining to weeks is no benefit to us.
Is it possible to argue that stating “up to four weeks consecutive” then stating “weekends only” is a contradiction? Could we still try to get 4 full weeks and give the custodial parent only 2 based on this contradiction?Reply
Shaunon February 18, 2009 at 6:47 pm
Please help me clarify if the old statute that was in place when my divorce was final is what we go by regarding visitation or if the new one takes precedence over the old one.
Thanks.
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Rebeccaon February 8, 2009 at 9:52 pm
@Jane: Thank you for taking the time to comment on the blog. The code changed slightly on this issue when it was amended in May 2008. The current code says this about extended parent-time:
Utah Code Annotated section 30-3-35
(2)(k) Extended parent-time with the noncustodial parent may be:
(i) up to four weeks consecutive at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.
(l) The custodial parent shall have an identical two-week period of uninterrupted time during the children’s summer vacation from school for purposes of vacation.
(m) Both parents shall provide notification of extended parent-time or vacation weeks with the child at least 30 days in advance to the other parent and if notification is not provided timely the complying parent may determine the schedule for extended parent-time for the noncomplying parent.As you can see, section (k) and its subsections have to do with non-custodial parent-time and section (l) has to do with custodial parent extended parent-time.
Our firm has not seen any litigation, or heard any discussions, of this particular edit to the code; it is hard to guess what a judge or commissioner would say when attempting to interpret it. However, from a plain reading, it appears that each parent has two weeks of uninterrupted parent-time each year (14 overnights uninterrupted by the other parent) and, in addition, the “non-custodial parent” (i.e. the parent with less time) gets two additional weeks of time where all of the weekend time goes to the non-custodial parent and the weekdays go to the custodial parent, with holiday time division under the code “trumping” any other parent-time. For practical purposes, that sounds merely like giving the non-custodial the option of two additional weekends which, when added to a regular rotation of weekends, could result in the non-custodial parent having three weekends back-to-back.
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Janaon January 16, 2009 at 12:31 am
In regards to extended parent time is it true that for the remaining two weeks which is subject to parent-time the custodial parent is entitled to weekday parent-time but not to the weekend parent time except for holidays?
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Rebeccaon November 30, 2008 at 2:18 am
@John Larson: Thank you for you comment on the blog. Yes, the reading is confusing, as you point out. Particularly given that the prior version of the statute referenced 1 p.m. on Christmas Day as an exchange time every year regardless of how many days of vacation from school were in the total holiday period. The prior code provision always split Christmas Day between the parties.
Members of this firm attended a continuing legal education seminar last week and the “official” reading of the statute is that the exchange is to occur at 1 p.m. (if there are an odd number of days in the holiday break) or 7 p.m. (if there are an even number of days in the holiday break) on the day 1/2 through the Christmas holiday. In other words, parents no longer each have a portion of Christmas Day; only the parent who has the first portion of the holiday will have Christmas Eve and Day with the child, according to Utah Code Ann. sec. 30-3-35.
Also, important to note. The Judges and Commissioners attending the legal forum seemed to be in agreement that, for any order that is final, the parties are to follow Utah Code AS IT READ AT THE TIME OF THE FINAL DECREE (ORDER). In other words, some or most Judges and Commissioners are saying the new statute provisions do not apply to divorces or custody orders that precede the date of enactment of the new statute. For lawyers, that would probably mean that the best practice is to attach the current version of any statute provisions referenced in the Decree or Order so that the parties and court know what the statute said at the time the Decree was signed by the Court. Of course, Temporary Orders could be changed at the time of the final order if the statute changes during the process of the divorce or custody dispute.
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John Larsonon November 29, 2008 at 11:52 pm
I am having issues with this whoe Christmas definition myself. It appears to me that the language in the code is nont clear. If you read it carefully then it states an exchange at 1 p.m on Christmas day and then mentions halfway through the holiday in the same sentence. It seems to me that something is missing. My understanding is that you split Christmas Day at 1 p.m. and you ALSO split the whole Holiday equally. It could be read as follows: “Christmas Day until 1 p.m.” It can also be read this way: “until 1 p.m. on the day halfway through the holiday.” I took these from the same sentence. It seems that it is missing something but if it was intended to eliminate the mid-day exchenage on Christmas why wouldn’t this have made the news with how it can affect people?
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Rebeccaon November 2, 2008 at 6:05 pm
@Dawnell: If you have a recent court order, you should follow it. As for older orders- this is the debate many lawyers are having between themselves as well as client/parties. I spoke to a well-seasoned lawyer the other day who is confident that you follow the statute AS IT WAS when your order was signed, but I pointed out to him that some of those orders are 5, 8, 10, 15 years old and we have no idea what the statue said then. He was at a loss to answer that. As soon as I have this issue resolved by a Commissioner or Judge- I will post with the result.
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Dawnellon October 24, 2008 at 3:18 pm
do we follow the new provision or do we go with what the judge ordered us to do regardless that it got changed?
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Mandyon October 8, 2008 at 2:07 pm
Thank you for the response. Its hard to figure out what to do with the new changes and a old decree. Sometimes the code is not clear and leave parents with to many questions unanswered. Example, kids that are younger than 5 years of age and are not in school, does UEA or fall break & Christmas break still apply for the parents parent-time or do they have to be in school if it says school break?
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Rebeccaon October 8, 2008 at 11:50 am
@Mandy: Thanks for posting a comment Mandy. When the legislation first passed, we believed that the court would apply it to any case in which the Order/Decree merely references the code, as well as new cases with an Order signed after the date of issuance of the new legislation. That would mean that in Orders providing specific language setting forth holiday division, the division would not be changed in accordance with the new code provisions. However, we still have not had enough time in court to determine if this is true. Most parties are taking things into their own hands and simply agreeing to follow the old rules or agreeing to adapt the new rules. Because the parties are permitted to agree to a course of action, we usually do not end up litigating it in front of the court. If anyone has taken this issue in front of a judge or commissioner, we would appreciate input on the results.
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Mandyon October 8, 2008 at 10:29 am
I was wondering if the new changes to the parent-time schedule for 5 to 18 years of age is what parents will have to go by now even if they have a current order in place? I am curious if anyone has had the experience to find that out by the Commissioners or Judge.
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Rebeccaon October 1, 2008 at 9:06 pm
@Joe: That is great that you went directly to a legislator for comment. That helps know what was intended. Did she mention clarifying off-track parenting in the next legislative session?
@Travis: The code does not specify any particular rules regarding how such time is to be distributed, so presumably it can be done in various ways. However, be aware of notice requirements to the other party and Utah Code Annotated 30-3-36 which discusses travel out of state with minor children.
Thank you both for commenting on the blog- I love the community interest in this topic!- Rebecca Long Okura
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Travison October 1, 2008 at 8:12 am
In the extended Parent time part it says that:
(i) up to four weeks consecutive at the option of the noncustodial parent, including weekends normally exercised by the noncustodial parent, but not holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial parent; and
(iii) the remaining two weeks shall be subject to parent-time for the custodial parent for weekday parent-time but not weekends, except for a holiday to be exercised by the other parent.Can this be split up into 4 separate weeks during different times fo the year or is there just one extended parent time that can be up to four weeks?
Thanks,
Travis
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Joeon September 26, 2008 at 12:32 am
Today I emailed Lorie D. Fowlke Representative District 59 who sponsored the bill. She replied quickly … Here is the quote from her email back to me …
“The lines you are referencing was not part of HB 71, so remains unchanged. However, the holiday would have to be for that extended period and the parent would also have to be off work. Off track time is not part of the holiday definition.”
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Rebeccaon September 25, 2008 at 10:29 pm
@Joe: Thank you for your comment. In reviewing the final published form of the bill found at http://le.utah.gov/~code/TITLE30/htm/30_03_003500.htm, it appears that the final version as issued by the legislature is unclear. We understand your reading. It will be interesting to see what happens in practice. It may be that court commissioners and judges will look only at the child in question, rather than the school as a whole, and consider dividing longer holidays with the non-custodial parent if the child and parent are both available. If you, or any reader of this blog, has any experience with this provision in court or at mediation, please comment and let us know how the court viewed this. Thanks again for your comments.
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Joeon September 25, 2008 at 11:59 am
I have a comment regarding the what you said about holidays. You referenced paragraph Utah Code Ann. Sec. 30-3-35(e) and stated that this “allows holidays to extend for the period of time during which the children are out of school and the parent is free from work. This could affect a year-round school distribution” . If you look at the final document for H.B. 71 – http://le.utah.gov/~2008/bills/hbillenr/hb0071.htm …
it lists the “Highlighted Provisions”.One of the provisions to the bill states: “allows for the election of an entire weekday by the noncustodial parent if school is not in session; and includes snow days, teacher development days, and other days when school is not in session in the definition of holidays.”
“School in session” doesn’t refer to “off-track time” it usually refers to days when the entire school is shut down not when one particular track is not there. Therefore a holiday can be extended during days that school is not in session not for off-track time. The particular part of Sec. 30-3-35(e) that states “the children are out of school ” was poorly worded in the bill and you have to look at the provisions in order to properly understand it.
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Rebeccaon September 24, 2008 at 5:03 pm
@Holly: Thanks for your inquiry. While we cannot give legal advice to you, we can turn to the code and see what effect the changes have on year-round school.
The new Utah Code Ann. sec 30-3-35 does not discuss off-track versus traditional school schedules at all. Therefore, it seems that the provisions as to holiday (Utah Code Ann. Sec. 30-3-35 (2)(c) through (j)) and extended parent-time (Utah Code Ann. Sec. 30-3-35 (2)(k)) apply regardless of whether the child’s school is traditional or year-round.
For holidays, notice paragraph Utah Code Ann. Sec. 30-3-35(e) which allows holidays to extend for the period of time during which the children are out of school and the parent is free from work. This could affect a year-round school distribution.
Note too that the code allows only two weeks to be completely uninterrupted by the other parent’s time and that custodial parents may only take that time during summer vacation.
How the code would effect your individual school situation will require that you sit down with the school calendar, your court order, and the code and determine how it applies to you specifically. Good luck!
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Hollyon September 24, 2008 at 10:53 am
Under “Extended Parent Time” (K), the new summary does not specify allowance for 1/2 of off-track school breaks. Instead it seems only to allow up to 4 consecutive weeks a year… it also allows 2 uniterupted weeks for the custodial parent during the summer break. (So for year round kids, they could not be gone for their entire summer break.) Do you agree this new summary will disallow the option for non-custodial parent to take 1/2 of each off track time?
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Rebeccaon August 19, 2008 at 3:34 pm
@Mlissa Holt: Thank you for commenting on the blog.
I have reviewed the statute and your interpretation appears to be correct. The old statute provided for an exchange of parent-time on Christmas Day at 1:00 p.m., with the child being returned by 9:00 p.m. Christmas Evening. This carved out Christmas Day and Christmas Eve from the entire body of time of the holiday break (out off school period) and then referenced an overall equal division of the break.
It appears that the new statute does not carve out Christmas Eve and Christmas Day but rather includes them in the first portion of 1/2 of the entire Christmas Holiday period. The holiday is divided in half (as was true under the old statute too) but on the day of division, the exchange occurs either at 1:00 p.m. or at 7:00 p.m. depending on the number of days in the holiday.
It does lead to an interesting question as to what occurs in a school district where, or in a year when, Christmas Eve and Christmas Day fall in the second half of the school break period. I guess as long as Christmas always falls in the second half of the break, no party would be prejudiced.
Thank you for alerting us to this language. The new statute language is similar to that of the old statute, and this is where we made our error. The new statute uses the words “the first portion of the Christmas school vacation… including Christmas Eve and Christmas Day until 1 p.m. on the day halfway through the holiday, if there are an odd number of days for the holiday period….” With the old statute having provided an exchange on Christmas Day at 1 p.m., we jumped to the conclusion that this was again the legislative intent, but truly you are correct that this is not consistent with the plain language of the statute.
Thanks again for letting us know.
Sincerely, Rebecca Long Okura
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Barry Bridgeson October 8, 2015 at 8:42 am
The question i have and can’t seem to find an answer to is: what if the child is not yet in school? The child in discussion is only 18 months old and should not be held to this Christmas schedule due to him not being in school yet. I cannot find in the stipulation where it specifically defines this in regards to a child under the age of 5.
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Rebecca Long Okuraon October 8, 2015 at 12:12 pm
For Children under 5 years of age, the statute to look at regarding parent-time is Utah Code Annotated sec. 30-3-35.5 Here is a link http://le.utah.gov/xcode/Title30/Chapter3/30-3-S35.5.html
Notably, the holiday time in this statute refers back to the holidays for school aged children! Some clients decide to interpret this to mean that they should follow the holiday schedule set out in the child’s home school district even if the child is not in school. This is one solution and makes sense if the child is routinely spending overnights at the non-custodial parent’s home. Others could argue that, without school, the parent-time schedule set forth in 30-3-35 makes almost no sense and parent-time should be restricted to the holidays themselves and the weekend contiguous to the holiday. Interestingly, I can not think of a single instance where there was an argument about this and a commissioner or judges had to determine what to do. Therefore it is hard to predict what a court would do. When the issue came up, the parties were able to look at the history of parent-time, the age of the child, and make a schedule that was a compromise. That may not always be possible and you may need to get clarification from a court.
Two things to consider:
1. If you have a court order, follow it regardless of any difference between the order and Utah Code 30-3-35 or 30-3-35.
2. The standard for any debate about parent-time is “best interest of the child.” Any argument to narrow parent-time is almost always going to require the custodial parent to articulate well, and with proof, why lesser parent-time to the non-custodial parent is in the best interest of the child.Keep in mind that there is a new statute, Utah Code 30-3-35.1 that shows that the legislature is intending to move toward greater equality in dividing parent-time. 33-3-35.1 is not a new default minimum, but it requires the court to seriously consider whether 145 overnights to the non-custodial parent is appropriate. This is a shift from prior code provisions.
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anonon December 15, 2015 at 8:39 pm
in 2016, xmas day falls in the second half, which is NCP time since it is an even year. but since it is an even year, CP gets xmas eve/day. what happens then?
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Rebecca Long Okuraon December 15, 2015 at 11:20 pm
This is a very good question. When they first changed the language of the statute to talk about “half of the holiday” vacation from school and just said “including Christmas Eve and Christmas Day,” I wondered when would come a year where Christmas falls in the second half and makes this statute impossible to apply as written. For 2016, most students will get out of school on Friday the 16th of December and return on the 2nd of January 2017. Therefore, the switch from one parent to the other parent would occur on Saturday, December 24th, clearly putting Christmas Eve and Day in the second half of the holiday break. Under this “second half of break” construction, the non-custodial parent will have the children for Christmas Eve and Day in 2015 and 2016 and 2017. Three years in a row of Christmas Eve and Day going to the non-custodial parent is clearly not what was intended by the legislature. I suspect that we will see a number of filings coming up in 2016 to make a temporary variance in the court’s order so that there is clarity on this issue. I have no idea what a court will do but it seems likely they will divide the holiday in half but exempt Christmas Eve and Christmas Day so that the holiday is equally divided but that the custodial parent has that Christmas Eve and Christmas Day until 7:00 p.m. (using 7:00 p.m. because in this example there are an even number of overnights in the break from school.) This would work by giving one overnight to the non-custodial parent in the first half of the holiday break in exchange for Christmas Eve overnight. For example, if non-custodial parent had the child overnight on Dec. 16th, then the custodial parent would take his or her 8 overnights, with the child returned back to the non-custodial parent on Christmas Day at 7:00 p.m.. Another thing the court could do would be to completely flip-flop the statute for that year, giving the first half to the non-custodial parent and second half to the custodial parent. The problem with a complete flip-flop is that the custodial parent would get both Christmas and New Year’s Eves and Days. As with all things problematic in the code, the best thing is almost always to look ahead to future holidays and future years and make a written agreement between the parties regarding how to deal with these types of problems in a way that actually works for your children but is still providing as much equality/fairness to the parents as possible.
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Anonon December 23, 2015 at 8:25 pm
Could you break this down in the simplest of terms? My ex is refusing to share our daughter on Christmas day and Christmas Eve, letting me see her from 10 pm Christmas eve and demanding she be returned at 10 am Christmas morning. The divorce decree is being blatantly ignored and I’m just trying to get a concrete view of my rights.
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Mlissa Holton August 19, 2008 at 9:04 am
You website reads as if you pick the child up at 1pm on Christmas day. That is incorrect according to the statute. It specifically states until 1pm HALFWAY THROUGH THE HOLIDAY, if there are an odd number of days for the holiday period. If there are an even number of days in the holiday then the parent does not pick up the child until 7pm on the dividing day. It is not 1pm on Christmas day…spliting the actual day in half. It states splitting the entire Christmas break equally. It makes sense as to why the Christmas break is outlined in Utah Code Annotated Secton 30-3-32.
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Mlissa Holton August 19, 2008 at 8:55 am
Your interpretation of the Christmas holiday seems incorrect to me. The exact wording of the statute is “the first portion of the Christmas school VACATION as defined in Subsection 30-3-32(3) ((“Christmas school vacation” means the time period beginning on the evening the child gets out of school for the Christmas or winter break until the evening before the child returns to school.)) including CHRISTMAS EVE AND CHRISTMAS DAY until 1PM on the day HALFWAY through the holiday, if there are an odd number of days for the holdiay period, or until 7 pm if htere are an even number of days for the holiday perios. So long as the ENTIRE HOLIDAY IS DIVIDED EQUALLY. To me this reads for example..school is out 12/24-1/4 (12 days) one parent has the child for the 1st 6 days!!
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Rebeccaon August 7, 2008 at 6:54 pm
@Jodee: Thanks for contributing your comments to the blog. It will interesting to see how the judges and commissioners apply these changes at hearings regarding this specific provision. Thank you for reading the blog and for taking the time to share your thoughts and concerns.
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Jodeeon August 7, 2008 at 5:53 pm
It is my experience that these changes being applied to existing decrees, and especially in the middle of the year, is unfair to both parties. When the alternating holidays are changed to different years, it leaves parents missing 2 of a specific holiday in a row. Many parents have traditions and activities that their children miss, and to cause this to happen for 2 years in a row is unfair to the parent and the child. In my specific case, being ordered to follow 30-3-37, the change in the code will cause me to have only 2 of the 8 rotated holidays in a two year period if the changes are to be applied to existing decrees and applied immediately. This is not only unfair to me, it is unfair to the children involved. The changes, should primarily not be implemented mid-year, and secondarily not apply to an existing decree unless both parties agree to that implementation.
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