16 December 2013
Christmas break for the schools may be or soon will be upon us. I am aptly kept abreast of this most discombobulated of holidays in the Indiana Parenting Time Guidelines by the numerous requests for clarification that pour into my email accounts. But alas, there is relief. Following is an explanation of the reason for amending the Christmas Break.
IPTG Sec. II(F)(2)(B) Christmas Vacation
Here is the instance where the cart is leading the horse. More cooperative parents have long abandoned the additional burden of the New Year's Day schedule and trying to figure out in which year to apply it. These parents would split the child's Christmas break in a form that was substantially close to half with exchange occurring at a reasonable time. The high conflict parents however would choose instead to engage in absurdities such as exchanging the child during the first few hours of a calendar day. No judge I know of has ever looked favourably towards a parent who insisted on a 2:00 a.m. exchange because that is what the “guidelines” required. Oblivious to the implication of the term 'guideline' no doubt.
Just as these cooperative parents have done for years the Guidelines have now removed New Year's Day as a holiday. Instead Christmas Break is split in half. The rule provides specific guidance as to exchange times and the definition of the break period.
The IPTG, as amended effective 01 March 2013, provide the following Christmas Vacation schedule:
The NON-CUSTODIAL PARENT shall have the FIRST one half (1/2) of the Christmas vacation unless the parties agree otherwise. Absent agreement of the parties, the first half of the period will begin two hours after the child is released from school. The second half of the period will end at 6:00 p.m. on the day before school begins again. In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day
The CUSTODIAL PARENT shall have the LAST one half (1/2) of the Christmas vacation unless the parties agree otherwise. Absent agreement of the parties, the first half of the period will begin two hours after the child is released from school. The second half of the period will end at 6:00 p.m. on the day before school begins again. In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day.
The New Year's Day holiday has been removed. There may be limitations for children under the age of three (3) years of age.
CAUTION: The IPTG that were in effect at the time of your parenting time order are applicable unless otherwise agreed or ordered by the Court.
HERE you may find further analysis of the IPTG changes that were implemented in 2013.
HERE is the 2014 IPTG Holiday schedule
It is highly suggested by myself, practitioners and judicial officers that you adopt the 2013 Indiana Parenting Time Guidelines to your child custody case. If you would like to receive a boiler plate to file an agreement for adopting the new guidelines to your case then contact me and I will send one to you.
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Monday, December 16, 2013
2013 IPTG Christmas Break Schedule - Indiana Parenting Time Guidelines Changes Amendments
16 December 2013