The hardest part of co-parenting after a divorce or separation is not usually the ordinary school week but the holidays and vacation times that carry meaning for the family. Fortunately, Arizona law anticipates this situation. Under A.R.S. § 25-403.02, every parenting plan must include a practical schedule for holidays and school vacations.
Whether you reach an agreement or a judge decides for you, it’s important to give the holidays some thought. An experienced family law attorney can help you during the divorce process or if a serious disagreement over co-parenting requires going back to court.
What Arizona Law Requires
When parents can’t agree, each must submit a proposed parenting plan, and the court adopts one that maximizes each parent’s time to the extent that serves the child’s best interests. If parents agree on most terms but not on holidays, the judge decides that piece separately. The plan must also spell out how exchanges will work and how future disputes will be handled.
The Arizona Supreme Court publishes a guide, Planning for Parenting Time: Arizona’s Guide for Parents Living Apart, with sample schedules parents and judges can borrow from.
Common Ways to Divide Holidays
Most Arizona parenting plans rely on one approach or a combination. The most familiar is alternating by year, in which one parent has a holiday in even-numbered years and the other has it in odd-numbered years. Another is splitting the day itself, such as Christmas Eve with one parent and Christmas Day with the other.
Some holidays work best as fixed assignments, with the same parent each year. Mother’s Day and Father’s Day are the obvious examples, along with religious or cultural holidays that only one household observes. For younger children, the court’s model plans suggest dividing holidays into time blocks that resemble the regular parenting schedule, to keep routines steady.
Whichever method you choose, detail matters. A good holiday schedule includes:
- Exact start and end times
- Exchange locations
- Transportation arrangements
- A statement that the holiday schedule takes priority over ordinary weekly parenting time schedules
Parents whose plans leave holidays vague often end up asking the court for help during each holiday season.
How Arizona Courts Make Parenting Time Decisions
When parents can’t agree, the judge applies the best interests standard in A.R.S. § 25-403. The court must weigh all relevant factors, including:
- The child’s relationship with each parent
- The child’s adjustment to home, school, and the community
- The child’s own wishes (if mature enough)
- The health of everyone involved
- Which parent is more likely to support the child’s frequent, meaningful contact with the other parent
The Arizona Court of Appeals has sent cases back when a family court failed to make the required findings on these factors.
What to Do When You Disagree
Start with the dispute-resolution clause in your plan. Arizona court forms direct parents to include a process for mediating proposed changes, disputes, and alleged violations, which may involve the court’s Conciliation Services or private counseling. In Pima County, mediation is required before a hearing on changing parenting time.
In high-conflict cases, a parenting coordinator can help resolve smaller recurring disputes, including holiday rotations and schedule adjustments, but their authority does not extend to legal decision-making.
If your co-parent refuses to hand over the children for a holiday that belongs to you, Arizona law offers a remedy. Under A.R.S. § 25-414, when a court finds a parent violated a parenting time order without good cause, it must order at least one remedy, which can include a contempt finding or make-up parenting time. The court must also schedule a hearing within 25 days after the petition is served.
Get Help Building a Holiday Schedule That Works
A clear holiday schedule protects your time with your children and spares them from conflict during days that should feel special. If you’re creating or revising a parenting plan, the family law attorneys at Webster Family Law can help. Call for a consultation today.