This was a busy week in Domestic Relations Court. We had many last minute requests from clients for emergency motions for parenting time or entry of Agreed Orders. As I always advise my clients with children, unless there is an Allocation Judgement entered or an Order entered regarding holiday time, do not assume that the holidays will proceed as they always have before a divorce was ensued.
If it would not be practical to talk to your husband/wife regarding holiday parenting time, you should call your attorney and let them know the holiday schedule that you desire so that they can call opposing and try and negotiate a schedule and entry of An Agreed Order. If negotiations amongst the attorneys are futile, one of the parties should Motion the Court to set a holiday parenting schedule.
Unless there is some extenuating circumstances such as an Order of Protection or DCFS investigation, parents should plan on splitting the holidays; by alternating years, alternating holidays of even just a division of time on the holidays. All of these details should be listed in the Allocation Judgment or an Order prior to the holidays if a final Allocation Judgment is not ready to be entered.
Additionally, if the child(ren) is to travel out of state, an Order should be entered to allow this as well is the case is still pending or the Allocation Judgment does not speak to this.
If your Thanksgiving parenting time did not go according to plan or there needs to be further detail added regarding timing and the logistics of travel, call your attorney or contact the Court well in advance of the upcoming holidays, sorting this out sooner rather later is best for all parties involved, including your attorneys.
We at Anderson & Boback are thankful for all of our clients, and we hope everyone has a Happy Thanksgiving!
Our hopes are that all of our clients and their families enjoy their Thanksgiving