Editor’s note: This is an edited excerpt from an article written by William J. Rudnik and Diana N. Fredericks that appears in the December 2020 edition of the NJSBA New Jersey Family Lawyer. You can read the original article and the rest of the issue here. (login required)
Children’s well-being and the relationship with their parents are arguably the most important issues addressed in divorce cases. Custody and parenting time related issues may overwhelm the parties and result in unnecessary stress for the children. While parents tend to significantly focus on the parenting schedule that will be in place during the school year (often referred to as the “regular parenting time schedule”), the summer parenting time schedule is often overlooked, but equally important.
During the summer months, many children are out of school and have more time to spend with parents. As a result, there is more of an emphasis for the children to spend significant quality time with each parent. However, since summer months are typically less structured than the school year, parents may find themselves at a crossroads when determining how to allocate quality time between each parent and their children, while at the same time keeping their children busy with age-appropriate activities (which, preferably, does not involve Netflix binging, TikToking or playing video games).
N.J.S.A. 9:2-4(c) and caselaw provide that the overriding principle in determining custody and parenting time is the best interest of the child. Indeed, N.J.S.A. 9:2-4(c) provides, in relevant part: “the legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.”
Since the parties cannot predict with certainty how a court will decide any issue, including summer parenting time, the goal is for parents to settle and resolve their summer parenting time schedule without having the court decide. When engaging in discussions or negotiations regarding a summer parenting time schedule, parents should discuss, and agree on, any foreseeable matters which are specifically tailored to their family, including but not limited to summer camp, vacations, employment, work-related child care, and so on.
When drafting settlement agreements that (should) address summer parenting time, vacations, and whether a child will have employment, the following non-exhaustive list of issues should be addressed:
- Summer schedules of parenting time, with specifics and clarity;
- If child support is stagnant or modified;
- Set forth dates for the exchange of vacation dates and have a method for who has first choice each year, or a tiebreak in the event parents select the same week.
- Recognize deadlines for registration for camps and activities, certain camps require registration as far in advance as one year before attendance.
- Do the parents want/need/agree to restrictions on travel? International? Hague Convention? Contiguous 48 states, and so on. Are there different parameters depending on the travel?
- Can a parent object to a locale and if so, how does that get resolved? What is the definition of a dispute and can vacation time be vetoed?
- Can a parent obtain a passport for a child?
By addressing the above examples of potential issues that may arise, you may circumvent a last-minute summer parenting time dispute, especially when the dispute does not arise until immediately before the summer parenting time schedule commences. At that point, it may be too late to file a motion, (depending on the county), as it will be heard after the vacation is supposed to take place. Due to the time sensitivity of summer parenting time and the limited duration to resolve disputes, we should be cognizant of options and inform our clients accordingly.