general court orders regarding parenting time … · normally be the other parent’s time...

52
STATE OF OHIO, COUNTY OF BELMONT IN THE COURT OF COMMON PLEAS ______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : vs. : Case No. __________ : _______________________________ : Defendant/Respondent : ________________________ : ________________________ : Regarding the following child(ren): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ GENERAL COURT ORDERS REGARDING PARENTING TIME SCHEDULES UNLESS THE PARTIES HAVE A WRITTEN OR MUTUAL AGREEMENT FILED WITH THE COURT. 1. It is the affirmative duty of the parent with whom the child is staying to make certain that the child is available on time for all parenting time periods with the receiving parent. It is not a reasonable justification to simply advise the receiving parent that the child does not want to go. Rather, the receiving parent must be given ample opportunity to talk to the child about leaving to go on the parenting time.

Upload: others

Post on 15-Apr-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

STATE OF OHIO, COUNTY OF BELMONT IN THE COURT OF COMMON PLEAS

______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : vs. : Case No. __________ : _______________________________ : Defendant/Respondent : ________________________ : ________________________ : Regarding the following child(ren): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

GENERAL COURT ORDERS REGARDING PARENTING TIME SCHEDULES

UNLESS THE PARTIES HAVE A WRITTEN OR MUTUAL AGREEMENT FILED WITH

THE COURT.

1. It is the affirmative duty of the parent with whom the child is staying to make

certain that the child is available on time for all parenting time periods with the receiving

parent. It is not a reasonable justification to simply advise the receiving parent that the

child does not want to go. Rather, the receiving parent must be given ample opportunity

to talk to the child about leaving to go on the parenting time.

Page 2: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Failure to make the child available on time for the parenting period to begin, or to

provide the receiving parent an opportunity to talk to a reluctant child may subject that

parent to a court finding of contempt for which that parent may be jailed, fined, ordered

to provide compensatory parenting time to the other parent and/or assessed court costs

and/or the other parent’s attorney fees. See R.C. 2705.031 and RC 3109.51(K).

If the receiving parent and the child make appropriate arrangements, then the

parent with whom the child is staying is to make a good faith effort to accommodate such

arrangements.

2. Parenting time does not mean the parent must constantly be with the children.

When necessary and as is appropriate, either parent may leave the children with family

members (including a new spouse) and appropriate day care providers unless there is a

no-contact order issued by a court for good cause shown.

3. Vacations: During each calendar year, each parent may arrange an

uninterrupted vacation of not more than two weeks with the children at some location

other than the parent’s residence. This time need not be continuous and can be divided,

but may not be less than one week (7 days) in any one increment. If the vacation is

during the summer, the non-residential parent shall not schedule his/her vacation(s)

during the residential parent’s summer visitation, and the residential parent shall not

schedule his/her vacation(s) during the non-residential parent’s summer visitation. A

general itinerary of the vacation shall be provided to the other parent, including dates,

locations, addresses, and telephone numbers. Only holidays and birthday celebrations

with either parent missed due to scheduling of a vacation are to be made up within 30

days of the return from the vacation. Each parent shall give the other parent at least 30

Page 3: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

days written notice of vacation plans. The non-residential parent has priority in

scheduling vacation dates if timely notice is given as required, or unless the residential

parent’s vacation is an annual vacation that has been done in the past at the same time.

4. Transportation: The parent receiving the child for parenting time will be

responsible for arranging the transportation to pick up the child for his/her parenting time

unless otherwise agreed by the parties, or unless the Court orders otherwise. The

receiving parent may do the transporting personally or may arrange to have it done by

another responsible person. If transportation is by motor vehicle, the driver must have a

current driver’s license, and the vehicle must be insured. Since proof of driver’s license

and insurance must be immediately available to traffic enforcement officers, the parent

with whom the child has been may request verification of such documents, and the driver

(for the receiving parent) must provide for inspection an appropriate driver’s license and

insurance card. The driver is not to be under the influence of any substance which

impairs his/her ability to operate the vehicle. The court strongly recommends that neither

party’s new boyfriend/girlfriend or new husband/wife be involved in either the pick up or

the return of the child(ren).

5. Car Seat: For any and all children required by law to ride in a car seat, each

parent will provide his/her own car seat for his/her own parenting time with the

child(ren).

6. Waiting: The child(ren) and parent with whom the child(ren) have been with

have no duty to wait for the receiving parent for more than 30 minutes past the pickup

time. A receiving parent who fails to pick up the child within 30 minutes must contact

the other parent to make arrangements by mutual agreement which fit the other parent’s

Page 4: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

schedule to pick up the child at a later time and/or date. Failure of the receiving parent to

contact the other parent to make such arrangement forfeits parenting time for that period.

Periods of lateness do not need to be made up.

7. Cancellation: The receiving parent should give, if possible, 24 hour notice to

cancel all or part of his/her parenting time. The time canceled by the receiving parent is

forfeited. A receiving parent who only intends to cancel part of his/her parenting time

must contact the other parent to make arrangements by mutual agreement which fit the

other parent’s schedule to pick up the child at a later time and/or date.

The parent with whom the child has been should, if possible, give 24 hour notice

if unusual circumstances prevent the child from being available to go with the receiving

parent. When the parent with whom the child has been intends to cancel only part of the

receiving parent’s time due to unusual circumstances, then he/she must contact the

receiving parent to make arrangements by mutual agreement pursuant to the receiving

parent’s schedule to pick up the child at a later time and/or date. Any such time canceled

by the parent with whom the child has been must be made up WITHIN 30 DAYS by

agreement of the parties.

8. Illness: If a child is ill, the parent with whom the child has been should give

24 hour notice, if possible, so appropriate plans can be made. The parenting time should

proceed with the receiving parent if the illness is such that the receiving parent is able and

willing to address the illness. However, if a day or more of any parenting time is missed

when the receiving parent is able and willing to address the illness, and there has been no

emergency and/or critical illness which did involve treatment by a healthcare provider,

then any missed visitation shall be made up within 30 days.

Page 5: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

9. Medication: If the child has started taking medication (prescription or non-

prescription) upon the advice of a physician, the parent with whom the child has been

shall send the child with sufficient medication to last the entire parenting time period,

WRITTEN instructions for the administration of the medication to the child, and the

name and telephone number of the physician. The parent shall immediately notify the

other parent if, for any reason, the child is not taking the prescribed medication as had

been expected by the other parent.

10. Notification of Illness/Injury: The residential parent shall immediately

notify the non-residential parent within at least 24 hours when a child suffers any illness

or injury that requires treatment by a physician or other healthcare provider. The non-

residential parent shall immediately notify the residential parent within at least 24 hours

when a child suffers, during a parenting time period, any illness or injury that requires

treatment by a physician or other healthcare provider.

11. Emergency Medical Treatment: Both parents shall retain the authority to

consent to any necessary emergency medical treatment for the children. So as to be ready

for any emergency medical treatment, any and all medical insurance cards and documents

and information (including approved provider lists) outlining coverage from an employer,

the state, or an insurance plan are to be exchanged by the parent who secures such

coverage with the other parent within 7 days of receiving such card from the employer,

the healthcare provider, or the Department of Job & Family Services (DJ&FS). Non-

covered medical providers shall not be used by either parent except in serious

emergencies requiring immediate treatment.

Page 6: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

12. Make-up Parenting Time: Any make-up parenting time required by this

schedule shall occur within 30 days of the missed parenting time. Unless there are

unusual circumstances, the make-ups should begin during the parenting time that would

normally be the other parent’s time immediately following the missed parenting time and

shall continue until made up in full before the 30 days elapse. Such make-up will involve

all of the parenting time until all the time is made up, or only part of parenting time

period if only a part is necessary to complete the make-up period.

13. Extracurricular Activities: Regardless of where the children are living,

their continued participation in extracurricular activities, school-related or otherwise,

shall continue uninterrupted unless during an uninterrupted vacation period with a parent

according to paragraph 3. It shall be the responsibility of the parent who has the child for

parenting time during the time of the activity to provide the physical and economic cost

of transportation to these activities. The residential parent shall provide the non-

residential parent with notice of all extracurricular activities, school related or otherwise,

in which the children participate, schedule of all extracurricular activities (handwritten by

the residential parent if no formal schedule is provided by the activity) and the name of

the activity leader (including address and telephone number if reasonably available to the

residential parent).

14. School Work: Parents shall provide time for the child to study and complete

homework assignments, even if the completion of work interferes with the parent’s plans

for the child. The residential parent is responsible for advising the non-residential parent

of the procedure for all school assignments and to provide the books when the child is

going to the non-residential parent from home. When summer school is necessary for a

Page 7: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

child, then the child must attend regardless of which parent has the child during the

summer school period.

15. Moving: R.C. 3109.051(G)(1) provides:

If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. Except as provided in divisions (G)(2)(3) and (4), of this section, the court shall send a copy of the notice to the parent who is not the residential parent. Upon receipt of the notice, the court, on its own motion or the motion of the parent who is not the residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child to revise the parenting time schedule for the child.

Also, upon either parent’s learning or determining, whichever first occurs, that he/she

will be moving, he/she is ordered to immediately notify the other parent except in those

circumstances wherein notice is not required by R.C. 3109.051(G). He/she is also

ordered to provide the other parent with the moving date, new residence address and

telephone number, and such other pertinent information necessary to effectuate a smooth

move for the children. The parents shall attempt, in good faith, to renegotiate an

appropriate and beneficial new visitation schedule. But if they are unable to do so, the

non-residential parent shall, if the distance between the parents’ residences are over a one

hour drive, enjoy the parenting time outlined in Option 4.

16. Access to Records: Pursuant to O.R. 3109.051(H)(1)(J), both parents shall

have access to all school daycare, pre-school, hospitalization, medical, dental, optometric,

psychiatric and psychological records of the minor children and may consult with any

treating physician, dentist, or other healthcare provider to the children.

NOTICE TO KEEPERS OF MEDICAL RECORDS: All keepers of records

are put on notice that ORC 3109.051(H)(1)(J)(K) has provisions by which a keeper of

Page 8: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

records who knowingly fails to comply may be held in contempt of court and may be

assessed all court costs and reasonable attorney’s fees expended by a parent to secure

access to such records.

17. Daycare Center Access: The non-residential parent shall have access, in

accordance with Section 5104.011 Ohio Revised Code, to any child daycare center

attended by the child under the same terms and conditions that access is provided to the

residential parent.

18. School Activity Access: Subject to 3319.321(F) Ohio Revised Code, the

non-residential parent shall have access to any student activity involving the child under

the same terms and conditions that access is provided to the residential parent.

19. Clothing: The residential parent is responsible to have the child cleanly and

appropriately dressed for visitation. The clothing the residential parent sends with the

child must be returned immediately after the visitation period. Additionally, any clothing

purchased by the non-residential parent which the children are wearing upon their return

to the residential parent after visitation shall be returned by the residential parent to the

non-residential parent at the next visitation period. Clothing that is to be returned to the

other parent should be washed and cleaned.

20. If two parenting time periods for the same parent follow each other so the

first period ends on one day and the second period begins on the very next day, the child

is to remain throughout both periods with the parent who is entitled to have the two

periods of parenting time, and is to be returned on the date and at the time the second

period of parenting time was scheduled to end. For example, when a non-residential

parent’s school holiday falls on a Monday immediately following a weekend with the

Page 9: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

non-residential parent, the non-residential parent shall be entitled to keep the child

continuously from 6:00 p.m. Friday to 6:00 p.m. Monday.

21. If the court has ordered exchanges at a police station or other public

location, the parents are advised that if the parties or their representatives misbehave in

the station or public location, the police or the person in charge of the public location

may on their own and without a court order ban them from the premises. Furthermore,

the court advises the parties that if their behavior during an exchange is a violation of

law, the police and any other appropriate person are free to exercise their discretion in

filing charges and/or having the parties arrested. If the police and/or proprietors

terminate the use of a station or public location for exchanges, the parties are ordered to

telephone the Family Visitation Center (FVC) at 740-695-1144 to determine if the FVC

will agree to assist with exchanges until a new exchange location is determined by further

court order.

22. MEDIATION: After any filing of a formal court motion to enforce or to

modify any part of these General Court orders, the Court may (either with or without

scheduling a hearing or conference) refer the issue to mediation. ONE OR BOTH

PARTIES MAY BE REQUIRED TO PAY A DEPOSIT TO BE APLIED TO THE

COSTS OF MEDIATION.

23. Each party has 14 days from the date of filing to object to these General

Orders issued by the Magistrate. If the court adopts these General Orders issued by the

Magistrate before the 14 days expires, the court will still review the objections as

required by law.

Page 10: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

A party shall not assign as error on appeal the court’s adoption of any finding of

fact or conclusion of law in that decision unless the party timely and specifically objects

to that finding or conclusion as required by Civil Rule 53(E)(3).

APPROVED BY:

______________________________ MAGISTRATE __________________________________ Plaintiff/ Petitioner __________________________________ ______________________________ Attorney for Plaintiff/Petitioner JUDGE __________________________________ Defendant/Respondent _________________________________ Attorney for Defendant/Respondent

Page 11: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

OPTION 1 PARENTING SCHEDULE FOR

BELMONT COUNTY COURT OF DOMESTIC RELATIONS ______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : : vs. : Case No. _______________ ______________________________ : Defendant/Respondent : ________________________ : ________________________ : Regarding the following child(ren): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Option 1 - Parenting Time

Local Parenting Time Order

The non-residential parent will have parenting time as follows in this Option UNLESS both parents mutually agree to a different parenting time schedule which is convenient for each of them and adequately facilitates the child(ren)’s opportunity to spend time with the non-residential parent. The Court prefers such agreements be written, labeled with the above case number, signed by both parents and sent to the Clerk of the Court for filing. 1. TERMINOLOGY:

For purposes of this order ____________________________________ is designated the residential parent and ________________________________________is designated the non-residential parent. For purposes of a Shared Parenting Plan, wherever “residential parent” appears, the name of __________________________shall be substituted as if rewritten, and wherever “non-residential parent” appears, the name of _________________________ shall be substituted as if rewritten. For purposes of the following parenting schedule,

Page 12: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

“week 1” is considered to be the first full week of each calendar year with Monday regarded as the first day of the week.

2. WEEKLY SCHEDULE: Weekends: Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

This alternating weekend schedule shall not change even if interrupted by holidays and birthdays, summer and/or vacation parenting time.

Weekdays: One weekday evening per week for three (3) hours from ____p.m. to

____p.m. on seven (7) days notice. 3. ORDER OF PRECEDENCE:

In the event of a conflict, the following is the order of precedence: 1. Holidays 2. Extended periods 3. Weekends 4. Weekdays

4. EXTENDED SCHOOL VACATIONS FOR CHILD(REN)REN WHO ARE AT

LEAST OLD ENOUGH TO BE IN KINDERGARTEN.

Thanksgiving: In even numbered years, the mother shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. In odd numbered years, the father shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. If the Thanksgiving parenting time falls immediately before the parent’s alternate weekend visits, then the child(ren) stays continuously through the weekend return time. Christmas break (includes New Year’s Day): For Christmas break beginning in even numbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses until 2:00 p.m. on December 25, and the father shall have the child(ren) from 2:00 p.m. on December 25 through 6:00 p.m. the day before school starts again in the new year. For Christmas break beginning in all odd numbered years, the reverse schedule shall apply. Spring break: If the school has a spring or Easter break in even-numbered years, the father shall have the child(ren) during the spring break from school starting at 9:00 a.m. the day after school recesses to 6:00 p.m. the day before school resumes. In the odd-numbered years, the mother shall have the child(ren) for such spring or Easter break. If Easter is included in the school spring break, then the holiday provision for just Easter in Section 5 does not apply. If Easter is not included in the spring break, then provisions for Easter in Section 5 will still apply.

Page 13: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Summer: The non-residential parent shall have the child(ren) for the 42 consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year. However, during that summer parenting time, each parent will receive weekday and weekend parenting time as afforded to the parents the rest of the year as set out in the weekly schedule in Section 2 and the holiday visits in Section 5.

5. HOLIDAY SCHEDULE:

A. FOR AGES 3 TO PRE-KINDERGARTEN CHILD(REN): Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for PRE-KINDERGARTEN CHILD(REN), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

New Year’s Holiday *

Mother Father 12/31 6:00 p.m. - 1/1 7:00 p.m.

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween or “trick or treat night” of parent’s choice

Father Mother 5:00 p.m. - 8:00 p.m.

Page 14: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

Christmas Eve

Father Mother 12/24 at Noon to 12/24 at 10:p.m.

Christmas Day Mother Father 12/24 at 10:p.m. to 12/25 at 8p.m.

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

B. FOR SCHOOL AGE CHILD(REN) (K-12):

Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement,

Page 15: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

holiday times for SCHOOL AGE CHILD(REN) (K-12), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter (when not part of spring break) **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m.- Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

1st part of Christmas Break **

Mother Father 9:00a.m. the day after recess to 12/25 at 2:00 p.m. (See Section 4)

2nd part of Christmas Break **

Father Mother 12/25 at 2:00 p.m. to 6:00p.m. day before school starts again. (See section 4)

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve Mother Father 5:00 p.m. - 9:30 p.m.

Page 16: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

**

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday (school)

Father Mother 5:30 p.m. - 8:30 p.m.

Child’s Birthday (no school)

Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

6. TELEPHONE ACCESS: Each parent shall be permitted to telephone the child(ren)

as often as the parents agree. If the parents cannot agree: the residential parent shall permit the non-residential

parent to telephone the child(ren) at least twice per week. The parents are ordered to arrange two (2) fixed days within a fixed two hour period 7:00 p.m. to 9:00 p.m. during which the residential parent will have the child(ren) available to receive a call, and the non-residential parent may call. In addition, if a scheduled or agreed parenting time period is missed, the parent who was to exercise parenting time shall be permitted to telephone the child(ren) at least once during that period to explain why parenting time was missed.

Each parent shall have the right to telephone the child(ren) as often as the parents agree when the child(ren) is on vacation with the other parent. If the parents cannot agree, the non-vacationing parent may call the child(ren) at least twice per week on an

Page 17: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

arranged fixed day and time as required above for the residential parent to have the child(ren) available on weekdays.

If the child(ren) are unavailable for conversation when a parent calls during a pre-arranged time, then the parent with whom the child(ren) are staying shall be responsible for seeing that the call is returned within 24 hours even if such return call is at the expense of the parent with whom the child(ren) are staying.

The child(ren) shall be permitted to call the other parent as the child(ren) wishes when there is no extra phone charge to the parent with whom the child(ren) are residing. If there would be a phone charge, then the child(ren) may call either parent collect, with the agreement of the parent being called, or by use of a phone card or cell phone provided by the parent being called, at any and all reasonable times as the child(ren) wishes.

The parent whom the child(ren) are with will not interfere with the child(ren)’s phone call with the other parent except that the parent need not allow phone calls to last more than one (1) hour, or to allow phone calls at unreasonably late hours.

7. MEDIATION CLAUSE: After any filing of a formal court motion to enforce or to

modify the allocation or details of parenting time under this option, the Court may (either with or without scheduling a hearing or conference) refer the issue to mediation. ONE OR BOTH PARTIES MAY BE REQUIRED TO PAY A DEPOSIT TO BE APPLIED TO THE COSTS OF MEDIATION.

8. Each party has 14 days from the date of filing to object to this Magistrate’s Parenting

Time Order. If the Court adopts this Magistrate’s Parenting Time Order before the 14 days expire, the Court will still review the objections as required by law.

A party shall not assign as error on appeal the Court’s adoption of any finding of fact

or conclusion of law in that decision unless the party timely and specifically objects to that finding or conclusion as required by Civil Rule 53(E)(3).

________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent _______________________________ Attorney for Defendant/Respondent

Page 18: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

OPTION 2

PARENTING SCHEDULE FOR BELMONT COUNTY COURT OF DOMESTIC RELATIONS

______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : : vs. : Case No. _______________ ______________________________ : Defendant/Respondent : ________________________ : ________________________ : Regarding the following child(ren): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Option 2 Parenting Time

Local Parenting Time Order

The non-residential parent will have parenting time as follows in this Option UNLESS both parents mutually agree to a different parenting time schedule which is convenient for each of them and adequately facilitates the child(ren)’s opportunity to spend time with the non-residential parent. The Court prefers such agreements be written, labeled with the above case number, signed by both parents and sent to the Clerk of the Court for filing. 1. TERMINOLOGY:

For purposes of this order ____________________________________ is designated the residential parent and ________________________________________is designated the non-residential parent. For purposes of a Shared Parenting Plan, wherever “residential parent” appears, the name of __________________________shall be substituted as if rewritten, and wherever “non-residential parent” appears, the name of _________________________ shall be substituted as if rewritten. For purposes of the following parenting schedule,

Page 19: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

“week 1” is considered to be the first full week of each calendar year with Monday regarded as the first day of the week.

2. WEEKLY SCHEDULE:

Basic Principles: Birth to Five Years

i. Particularly with very young child(ren), the more frequently the non-residential parent sees the child(ren), the more appropriate it is to have longer periods of time with the non-residential parent.

ii. If the non-residential parent has not had regular contact with the child(ren), short periods of parenting time must precede extended periods.

iii. With child(ren) over the age of 3 months, and particularly with child(ren) in the preschool years, more overnight time may be appropriate, subject to the temperament of the child(ren) and the circumstances of each family.

The non-residential parent shall have parenting time as follows:

A. Birth to 3 months:

Frequent short visits in the baby’s home, unless otherwise specified. If the residential parent is not working outside the home, daily from 6:00 p.m. until 8:00 p.m. If the residential parent is working outside the home, every other day, from 6:00 p.m. until 8:00 p.m. the non-residential parent may take the child(ren) out for walks or drives if sleeping, feeding, strollers, and car seats are provided by the non-residential parent.

B. 3 months to 3 years:

Frequent short visits per agreement, OR Tuesday and Thursday evenings from 5:30 p.m. until 8:30 p.m. One day every weekend, alternating Saturday/Sunday from 10:00 a.m. until 6:00 p.m. Beginning at 12 months, the Saturday parenting time shall begin on Friday at 6:00 p.m. until Saturday at 6:00 p.m.

3 Months to 3 Years – Parenting Schedule

MON TUE WED THURS FRI SAT SUN WK 1 X X D WK 2 X X D* WK 3 X X D WK 4 X X D*

Page 20: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

X = Evenings D = 10:00 a.m. to 6:00 p.m. *Beginning at 12 months, the Saturday parenting time shall begin on Friday at 6:00 p.m. until Saturday at 6:00 p.m.

C. 3 to 5 years:

Tuesday and Thursday evenings from 5:30 p.m. until 8:30 p.m. A rotating four week schedule as follows: Week 1 – Friday 6:00 p.m. until Saturday at 6:00 p.m. Week 2 – Saturday 6:00 p.m. until Sunday at 6:00 p.m. Week 3 – Friday 6:00 p.m. until Sunday at 6:00 p.m. Week 4 – Residential Parent’s weekend.

3 to 5 Years – Parenting Schedule

MON TUE WED THURS FRI SAT SUN WK 1 X X O WK 2 X X O WK 3 X X O O WK 4 X X X = Evenings O = Overnight

Basic Principles: 6 to 12 years:

i. Elementary school age child(ren) can adapt to longer periods of separation from their principal caretakers than younger child(ren) can.

ii. The needs of the 6-11 year old child(ren) with regard to school schedules, homework, and extra-curricular activities must be respected.

iii. Adjusting to and moving back and forth between two households increase the complexity of life for a child(ren) in a divorce situation. It may, therefore, be necessary to simplify other aspects of a child(ren)’s life, e.g., by reducing the number of outside activities.

The non-residential parent shall have parenting time as follows:

Page 21: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

D. 6-12 Years:

Alternate weekends from Friday evening at 6:00 p.m. to Monday morning before school, or before summer daycare starts or by 9:00 a.m. back to the other parent’s home. Overnight on the Thursday evening following that weekend from 6:00 p.m. to before school or before summer daycare starts on Friday morning or by 9:00 a.m. back to the other parent’s home, and from 6:00 p.m. to 8:00 p.m. on the following Tuesday evening.

6 to 12 Years – Parenting Schedule

MON TUE WED THURS FRI SAT SUN WK 1 X O O O WK 2 O WK 3 X O O O WK 4 O X = Evenings O = Overnights

Unless the parents agree otherwise, when a child(ren) is attending school and is engaged in a regular school schedule, the switch from the section D schedule to the section E schedule is to occur the first week after the child(ren) has reached age 13 and has finished the school year during which the child(ren) turned 13, i.e., the first week of the summer vacation after the child(ren) turns 13.

Basic Principles: Thirteen Through The Teenage Years

i. Parents should respect a teenager’s need to spend time with peers

and in organized activities, especially during weekends and summer holidays.

ii. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary. When possible, it is preferable to consider the teenager’s wishes as long as the parents agree.

The non-residential parent shall have parenting time as follows:

E. 13 to 18 Years:

Tuesday and Thursday evenings from 5:30 p.m. until 8:30 p.m. A rotating four week schedule as follows: Week 1 – Friday 6:00 p.m. until Saturday at 6:00 p.m.

Page 22: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Week 2 – Saturday 6:00 p.m. until Sunday at 6:00 p.m. Week 3 – Friday 6:00 p.m. until Sunday at 6:00 p.m. Week 4 – Residential Parent’s weekend.

13 – 18 Years – Parenting Schedule

MON TUE WED THURS FRI SAT SUN WK 1 X X O WK 2 X X O WK 3 X X O O WK 4 X X X = Evenings O = Overnights 3. ORDER OF PRECEDENCE:

In the event of a conflict, the following is the order of precedence: 1. Holidays 2. Extended periods 3. Weekends 4. Weekdays

4. EXTENDED SCHOOL VACATIONS FOR CHILD(REN)REN WHO ARE AT

LEAST OLD ENOUGH TO BE IN KINDERGARTEN.

Thanksgiving: In even numbered years, the mother shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. In odd numbered years, the father shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. If the Thanksgiving parenting time falls immediately before the parent’s alternate weekend visits, then the child(ren) stays continuously through the weekend return time. Christmas break (includes New Year’s Day): For Christmas break beginning in even numbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses until 2:00 p.m. on December 25, and the father shall have the child(ren) from 2:00 p.m. on December 25 through 6:00 p.m. the day before school starts again in the new year. For Christmas break beginning in all odd numbered years, the reverse schedule shall apply.

Page 23: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Spring break: If the school has a spring or Easter break in even-numbered years, the father shall have the child(ren) during the spring break from school starting at 9:00 a.m. the day after school recesses to 6:00 p.m. the day before school resumes. In the odd-numbered years, the mother shall have the child(ren) for such spring or Easter break. If Easter is included in the school spring break, then the holiday provision for just Easter in Section 5 does not apply. If Easter is not included in the spring break, then provisions for Easter in Section 5 will still apply. Summer: The non-residential parent shall have the child(ren) for the 42 consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year. However, during that summer parenting time, each parent will receive weekday and weekend parenting time as afforded to the parents the rest of the year as set out in the weekly schedule in Section 2 and the holiday visits in Section 5.

5. HOLIDAY SCHEDULE:

A. FOR AGES 3 TO PRE-KINDERGARTEN CHILD(REN): Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for PRE-KINDERGARTEN CHILD(REN), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

New Year’s Holiday *

Mother Father 12/31 6:00 p.m. - 1/1 7:00 p.m.

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Page 24: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Halloween or “trick or treat night” of parent’s choice

Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

Christmas Eve

Father Mother 12/24 at Noon to 12/24 at 10:p.m.

Christmas Day Mother Father 12/24 at 10:p.m. to 12/25 at 8p.m.

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

Page 25: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

B. FOR SCHOOL AGE CHILD(REN) (K-12):

Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for SCHOOL AGE CHILD(REN) (K-12), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter (when not part of spring break) **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m.- Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

1st part of Christmas Break **

Mother Father 9:00a.m. the day after recess to 12/25 at 2:00 p.m. (See Section 4)

2nd part of Christmas Break **

Father Mother 12/25 at 2:00 p.m. to 6:00p.m. day before school starts again. (See section 4)

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Page 26: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday (school)

Father Mother 5:30 p.m. - 8:30 p.m.

Child’s Birthday (no school)

Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

6. TELEPHONE ACCESS: Each parent shall be permitted to telephone the child(ren)

as often as the parents agree. If the parents cannot agree: the residential parent shall permit the non-residential

parent to telephone the child(ren) at least twice per week. The parents are ordered to arrange two (2) fixed days within a fixed two hour period 7:00 p.m. to 9:00 p.m. during which the residential parent will have the child(ren) available to receive a call, and the non-residential parent may call. In addition, if a scheduled or agreed parenting time period is missed, the parent who was to exercise parenting time shall be permitted to telephone the child(ren) at least once during that period to explain why parenting time was missed.

Each parent shall have the right to telephone the child(ren) as often as the parents agree when the child(ren) is on vacation with the other parent. If the parents cannot

Page 27: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

agree, the non-vacationing parent may call the child(ren) at least twice per week on an arranged fixed day and time as required above for the residential parent to have the child(ren) available on weekdays.

If the child(ren) are unavailable for conversation when a parent calls during a pre-arranged time, then the parent with whom the child(ren) are staying shall be responsible for seeing that the call is returned within 24 hours even if such return call is at the expense of the parent with whom the child(ren) are staying.

The child(ren) shall be permitted to call the other parent as the child(ren) wishes when there is no extra phone charge to the parent with whom the child(ren) are residing. If there would be a phone charge, then the child(ren) may call either parent collect, with the agreement of the parent being called, or by use of a phone card or cell phone provided by the parent being called, at any and all reasonable times as the child(ren) wishes.

The parent whom the child(ren) are with will not interfere with the child(ren)’s phone call with the other parent except that the parent need not allow phone calls to last more than one (1) hour, or to allow phone calls at unreasonably late hours.

7. PARENTS WITH CHILD(REN) IN MORE THAN ONE AGE GROUP:

If the conflict arises due to the child(ren) being in school or still preschool, then the school-age schedule is to be followed for all of the children. The policy of the following time allocation is to provide a schedule which is best suited for the particular age of that child(ren). When a family has child(ren) in more than one age group, the parents should either adapt the schedule to fit the needs of each child(ren) or follow Schedule C in Section 2.

8. MEDIATION CLAUSE: After any filing of a formal court motion to enforce or to modify the allocation or details of parenting time under this option, the Court may (either with or without scheduling a hearing or conference) refer the issue to mediation. ONE OR BOTH PARTIES MAY BE REQUIRED TO PAY A DEPOSIT TO BE APPLIED TO THE COSTS OF MEDIATION.

9. Each party has 14 days from the date of filing to object to this Magistrate’s Parenting

Time Order. If the Court adopts this Magistrate’s Parenting Time Order before the 14 days expire, the Court will still review the objections as required by law.

A party shall not assign as error on appeal the Court’s adoption of any finding of fact

or conclusion of law in that decision unless the party timely and specifically objects to that finding or conclusion as required by Civil Rule 53(E)(3).

Page 28: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent ________________________________ Attorney for Defendant/Respondent

Page 29: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

OPTION 3

PARENTING SCHEDULE FOR BELMONT COUNTY COURT OF DOMESTIC RELATIONS

______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : vs. : Case No. _______________ ______________________________ : Defendant/Respondent : ________________________ : ________________________ : Regarding the following child(ren): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Option 3 Parenting Time

Parenting Time Order When Local Non-Residential Parent Works on Weekends

The non-residential parent will have parenting time as follows in this Option UNLESS both parents mutually agree to a different parenting time schedule which is convenient for each of them and adequately facilitates the child(ren)’s opportunity to spend time with the non-residential parent. The Court prefers such agreements be written, labeled with the above case number, signed by both parents and sent to the Clerk of the Court for filing. 1. TERMINOLOGY:

For purposes of this order ____________________________________ is designated the residential parent and ________________________________________is designated the non-residential parent. For purposes of a Shared Parenting Plan, wherever “residential parent” appears, the name of __________________________shall be substituted as if rewritten, and wherever “non-residential parent” appears, the name of _________________________ shall be substituted as if rewritten. For purposes of the following parenting schedule,

Page 30: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

“week 1” is considered to be the first full week of each calendar year with Monday regarded as the first day of the week.

2. WEEKLY SCHEDULE:

When the non-residential parent’s work schedule requires him/her to work on weekends, the parenting time will be established around that schedule. However, the non-residential parent must provide to the residential parent, in writing, any change in the non-residential parent’s work schedule within 48 hours of the non-residential parent’s learning of the change. Also, within these same 48 hours, the non-residential parent must, in writing, notify the residential parent as to what days the non-residential parent will exercise his parenting time for the hours allowed by this weekly schedule.

Basic Principles: Birth to Five Years

i. Particularly with very young child(ren), the more frequently the non-residential parent sees the child(ren), the more appropriate it is to have longer periods of time with the non-residential parent.

ii. If the non-residential parent has not had regular contact with the child(ren), short periods of parenting time must precede extended periods.

iii. With child(ren) over the age of 3 months, and particularly with child(ren) in the preschool years, more overnight time may be appropriate, subject to the temperament of the child(ren) and the circumstances of each family.

The non-residential parent shall have parenting time as follows:

A. Birth to 3 months:

Frequent short visits in the baby’s home, unless otherwise specified. If the residential parent is not working outside the home, daily from 6:00 p.m. until 8:00 p.m. If the residential parent is working outside the home, every other day, from 6:00 p.m. until 8:00 p.m. the non-residential parent may take the child(ren) out for walks or drives if sleeping, feeding, strollers, and car seats are provided by the non-residential parent.

B. 3 months to 3 years:

Frequent short visits per agreement, OR on two days when the non-residential parent is not working from 5:30 p.m. until 8:30 p.m. One day every week when the non-residential parent is not working from 10:00 a.m. until 6:00 p.m.

Page 31: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Beginning at 12 months, one day of parenting time a week shall begin on a day at 6:00 p.m. until the next day at 6:00 p.m.

C. 3 to 5 years:

Two evenings every week from 5:30 p.m. until 8:30 p.m. A rotating four week schedule as follows: Week 1 – One day from 6:00 p.m. until the next day at 6:00 p.m. Week 2 – One day from 6:00 p.m. until the next day at 6:00 p.m. Week 3 – One day from 6:00 p.m. until the day after the next day at 6:00 p.m. (i.e., 2 consecutive overnights) Week 4 – No overnight visits, just the two evening visits.

Basic Principles: 6 to 12 years:

i. Elementary school age child(ren) can adapt to longer periods of separation from their principal caretakers than younger child(ren) can.

ii. The needs of the 6-12 year old child(ren) with regard to school schedules, homework, and extra-curricular activities must be respected.

iii. Adjusting to and moving back and forth between two households increase the complexity of life for a child(ren) in a divorce situation. It may, therefore, be necessary to simplify other aspects of a child(ren)’s life, e.g., by reducing the number of outside activities.

The non-residential parent shall have parenting time as follows:

D. 6-12 Years:

Every week from 6:00 p.m. to 8:00 p.m. on any day of the week. Every week the non-residential parent may have ONE of the following four overnights as fits his/her work schedule and if he/she has given proper notice as required by the first paragraph of this section 2.

1. From Monday through Thursday, he/she can select times to have the child(ren) after school or when school is not in session until (1) the next day when his/her parenting time ends when he/she returns the child(ren) to school, or (2) his/her parenting time may continue to the next day when he/she picks up the child(ren) after school and returns the child(ren) to the residential

Page 32: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

parent before he/she goes to work, but no later than one hour before the child(ren)’s usual weekday bed time at the residential parent’s home. 2. From Friday after school until Saturday when he/she returns to work, but no later than one hour before the child(ren)’s usual Saturday bedtime at the residential parent’s home. 3. From Saturday when he/she gets off work until he/she returns to work on Saturday or Sunday but no later than one hour before the child(ren)’s usual Saturday or Sunday bedtime at the residential parent’s home. 4. From Sunday when he/she gets off work until he/she returns to work on Sunday, or Monday, but no later than one hour before the child(ren)’s usual Sunday bedtime at the residential parent’s home, or until Monday when he/she returns the child(ren) to school or to the daycare provider or to the residential parent by 9:00 a.m.

Basic Principles: Thirteen Through The Teenage Years

i. Parents should respect a teenager’s need to spend time with peers

and in organized activities, especially during weekends and summer holidays.

ii. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary. When possible, it is preferable to consider the teenager’s wishes as long as the parents agree.

The non-residential parent shall have parenting time as follows:

E. 13 to 18 Years:

Every week from 6:00 p.m. to 8:00 p.m. on any day of the week. Every week the non-residential parent may have one of the following four overnights as fits his/her work schedule and if he/she has given proper notice as required by the first paragraph of this section 2.

1. From Monday through Thursday he/she can have the child(ren) after school or when school is not in session until (1) the next day when his/her parenting time ends when he/she returns the child(ren) to school, or (2) his/her parenting time may continue to the next day when he/she picks up the child(ren) after school and returns the child(ren) to the residential parent before he/she goes to work, but no later than one hour before the child(ren)’s usual weekday bedtime at the residential parent’s home.

Page 33: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

2. From Friday after school until Saturday when he/she returns to work, but no later than one hour before the child(ren)’s usual Saturday bedtime at the residential parent’s home. 3. From Saturday when he/she gets off work until he/she returns to work on Saturday or Sunday but no later than one hour before the child(ren)’s usual Saturday or Sunday bedtime at the residential parent’s home. 4. From Sunday when he/she gets off work until he/she returns to work on Sunday, or Monday, but no later than one hour before the child(ren)’s usual Sunday bedtime at the residential parent’s home or until Monday when he/she returns the child(ren) to school or to the daycare provider or to the residential parent by 9:00 a.m.

3. EXTENDED SCHOOL VACATIONS FOR CHILD(REN)REN WHO ARE AT

LEAST OLD ENOUGH TO BE IN KINDERGARTEN.

Thanksgiving: In even numbered years, the mother shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. In odd numbered years, the father shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. If the Thanksgiving parenting time falls immediately before the parent’s alternate weekend visits, then the child(ren) stays continuously through the weekend return time. Christmas break (includes New Year’s Day): For Christmas break beginning in even numbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses until 2:00 p.m. on December 25, and the father shall have the child(ren) from 2:00 p.m. on December 25 through 6:00 p.m. the day before school starts again in the new year. For Christmas break beginning in all odd numbered years, the reverse schedule shall apply. Spring break: If the school has a spring or Easter break in even-numbered years, the father shall have the child(ren) during the spring break from school starting at 9:00 a.m. the day after school recesses to 6:00 p.m. the day before school resumes. In the odd-numbered years, the mother shall have the child(ren) for such spring or Easter break. If Easter is included in the school spring break, then the holiday provision for just Easter in Section 4 does not apply. If Easter is not included in the spring break, then provisions for Easter in Section 4 will still apply. Summer: The non-residential parent shall have the child(ren) for the 42 consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year. However, during that summer parenting time, each parent will receive weekday and weekend parenting time as afforded to the parents the rest of the year as set out in the weekly schedule in Section 2 and the holiday visits in Section 4.

Page 34: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

4. HOLIDAY SCHEDULE:

A. FOR AGES 3 TO PRE-KINDERGARTEN CHILD(REN): Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for PRE-KINDERGARTEN CHILD(REN), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

New Year’s Holiday *

Mother Father 12/31 6:00 p.m. - 1/1 7:00 p.m.

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween or “trick or treat night” of parent’s choice

Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

Christmas Eve

Father Mother 12/24 at Noon to 12/24 at 10:p.m.

Christmas Day Mother Father 12/24 at 10:p.m. to 12/25 at 8p.m.

Page 35: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

B. FOR SCHOOL AGE CHILD(REN) (K-12):

Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for SCHOOL AGE CHILD(REN) (K-12), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

Page 36: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter (when not part of spring break) **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m.- Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

1st part of Christmas Break **

Mother Father 9:00a.m. the day after recess to 12/25 at 2:00 p.m. (See Section 3)

2nd part of Christmas Break **

Father Mother 12/25 at 2:00 p.m. to 6:00p.m. day before school starts again. (See section 3)

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Page 37: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday (school)

Father Mother 5:30 p.m. - 8:30 p.m.

Child’s Birthday (no school)

Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

5. TELEPHONE ACCESS: Each parent shall be permitted to telephone the child(ren) as often as the parents agree.

If the parents cannot agree: the residential parent shall permit the non-residential

parent to telephone the child(ren) at least twice per week. The parents are ordered to arrange two (2) fixed days within a fixed two hour period 7:00 p.m. to 9:00 p.m. during which the residential parent will have the child(ren) available to receive a call, and the non-residential parent may call. In addition, if a scheduled or agreed parenting time period is missed, the parent who was to exercise parenting time shall be permitted to telephone the child(ren) at least once during that period to explain why parenting time was missed.

Each parent shall have the right to telephone the child(ren) as often as the parents agree when the child(ren) is on vacation with the other parent. If the parents cannot agree, the non-vacationing parent may call the child(ren) at least twice per week on an arranged fixed day and time as required above for the residential parent to have the child(ren) available on weekdays.

If the child(ren) are unavailable for conversation when a parent calls during a pre-arranged time, then the parent with whom the child(ren) are staying shall be responsible for seeing that the call is returned within 24 hours even if such return call is at the expense of the parent with whom the child(ren) are staying.

The child(ren) shall be permitted to call the other parent as the child(ren) wishes when there is no extra phone charge to the parent with whom the child(ren) are residing. If there would be a phone charge, then the child(ren) may call either parent collect, with the agreement of the parent being called, or by use of a phone card or cell phone provided by the parent being called, at any and all reasonable times as the child(ren) wishes.

Page 38: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

The parent whom the child(ren) are with will not interfere with the child(ren)’s phone call with the other parent except that the parent need not allow phone calls to last more than one (1) hour, or to allow phone calls at unreasonably late hours.

6. PARENTS WITH CHILD(REN) IN MORE THAN ONE AGE GROUP:

The policy of the following time allocation is to provide a schedule which is best suited for the particular age of the child(ren). When a family has child(ren) in more than one age group, the parents should either adapt the schedule to fit the needs of each child(ren) or follow Schedule C in Section 2.

7. ORDER OF PRECEDENCE:

In the event of a conflict, the following is the order of precedence: 1. Holidays 2. Extended periods 3. Weekends 4. Weekdays

8. MEDIATION CLAUSE: After any filing of a formal court motion to enforce or to modify the allocation or details of parenting time under this option, the Court may (either with or without scheduling a hearing or conference) refer the issue to mediation. ONE OR BOTH PARTIES MAY BE REQUIRED TO PAY A DEPOSIT TO BE APPLIED TO THE COSTS OF MEDIATION.

9. Each party has 14 days from the date of filing to object to this Magistrate’s Parenting

Time Order. If the Court adopts this Magistrate’s Parenting Time Order before the 14 days expire, the Court will still review the objections as required by law.

A party shall not assign as error on appeal the Court’s adoption of any finding of fact

or conclusion of law in that decision unless the party timely and specifically objects to that finding or conclusion as required by Civil Rule 53(E)(3).

Page 39: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent ________________________________ Attorney for Defendant/Respondent

Page 40: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

OPTION 4

PARENTING SCHEDULE FOR BELMONT COUNTY COURT OF DOMESTIC RELATIONS

______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : vs. : Case No. _______________ ______________________________ : Defendant/Respondent : ________________________ : ________________________ :

Regarding the following child(ren): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Option 4 Parenting Time

For Parents Who Reside More Than a One Hour Drive Apart And Who Will Exchange The Child(ren) By Driving a Motor Vehicle

The non-residential parent will have parenting time as follows in this Option UNLESS both parents mutually agree to a different parenting time schedule which is convenient for each of them and adequately facilitates the child(ren)’s opportunity to spend time with the non-residential parent. The Court prefers such agreements be written, labeled with the above case number, signed by both parents and sent to the Clerk of the Court for filing. 1. TERMINOLOGY:

For purposes of this order ____________________________________ is designated the residential parent and ________________________________________is designated the non-residential parent. For purposes of a Shared Parenting Plan, wherever “residential parent” appears, the name of __________________________shall be substituted as if rewritten, and wherever “non-residential parent” appears, the name of _________________________

Page 41: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

shall be substituted as if rewritten. For purposes of the following parenting schedule, “week 1” is considered to be the first full week of each calendar year with Monday regarded as the first day of the week.

Except as otherwise explicitly provided in this Order, when the non-residential parent resides more than a one hour drive from the residence of the child(ren), the non-residential parent shall have parenting time with the child(ren) as follows. 2. TRANSPORTATION: Unless otherwise stated in this option, the parents will share the transportation by selecting an approximately halfway and convenient exchange point where they will meet by the pickup and return times. However, the parents are free to reach any mutual agreement on transporting for pickup and returns. The unjustified failure of a non-residential parent to timely appear at the agreed exchange point when the non-residential parent is to receive the child(ren) suspends the residential parent’s responsibility to transport to the exchange point in the future until the non-residential parent telephones the residential parent and specifically advises that the non-residential parent will appear at the next scheduled exchange. In other words, after the non-residential parent fails to timely appear, the residential parent no longer is required to make the trip on subsequent scheduled exchanges until the non-residential parent calls to confirm that the non-residential parent will be timely appearing for the next and subsequent exchanges. 3. WEEKLY SCHEDULE:

A. Weekends: Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall not change, even if interrupted on occasion by holidays and birthdays, summer and/or vacation parenting times. By MUTUAL agreement, the parents can reschedule the pickup and return time to accommodate their schedules and the child(ren)’s schedule(s).

B. Weekdays:

One weekday overnight per week starting at 6:00 p.m. with seven (7) days notice. The non-residential parent will keep the child(ren) overnight and return the child(ren) the next day to school on time, and/or to the daycare provider on time, or to the residential parent at 8:00 a.m. The non-residential parent will be responsible for all the transportation.

Page 42: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

4. EXTENDED SCHOOL VACATIONS FOR CHILD(REN)REN WHO ARE AT

LEAST OLD ENOUGH TO BE IN KINDERGARTEN.

Thanksgiving: In even numbered years, the mother shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. In odd numbered years, the father shall have the child(ren) from 6:00 p.m. the day before Thanksgiving to 6:00 p.m. on the Friday after. If the Thanksgiving parenting time falls immediately before the parent’s alternate weekend visits, then the child(ren) stays continuously through the weekend return time. Christmas break (includes New Year’s Day): For Christmas break beginning in even numbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses until 2:00 p.m. on December 25, and the father shall have the child(ren) from 2:00 p.m. on December 25 through 6:00 p.m. the day before school starts again in the new year. For Christmas break beginning in all odd numbered years, the reverse schedule shall apply. Spring break: If the school has a spring or Easter break in even-numbered years, the father shall have the child(ren) during the spring break from school starting at 9:00 a.m. the day after school recesses to 6:00 p.m. the day before school resumes. In the odd-numbered years, the mother shall have the child(ren) for such spring or Easter break. If Easter is included in the school spring break, then the holiday provision for just Easter in Section 5 does not apply. If Easter is not included in the spring break, then provisions for Easter in Section 5 will still apply. Summer: The non-residential parent shall have the child(ren) for the 42 consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year. However, during that summer parenting time, each parent will receive weekday and weekend parenting time as afforded to the parents the rest of the year as set out in the weekly schedule in Section 3 and the holiday visits in Section 5.

5. HOLIDAY SCHEDULE:

A. FOR AGES 3 TO PRE-KINDERGARTEN CHILD(REN): Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for PRE-KINDERGARTEN CHILD(REN), where relevant, are as follows:

Page 43: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

New Year’s Holiday *

Mother Father 12/31 6:00 p.m. - 1/1 7:00 p.m.

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween or “trick or treat night” of parent’s choice

Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

Christmas Eve

Father Mother 12/24 at Noon to 12/24 at 10:p.m.

Christmas Day Mother Father 12/24 at 10:p.m. to 12/25 at 8p.m.

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Page 44: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

B. FOR SCHOOL AGE CHILD(REN) (K-12):

Parents may wish to change, by agreement, a holiday at least one week in advance in order to observe a family or religious tradition. If not changed by agreement, holiday times for SCHOOL AGE CHILD(REN) (K-12), where relevant, are as follows:

Holiday Even No. Yr. Odd No. Yr.

As Agreed, OR

Martin Luther King Day

Father Mother Sun. 6:00 p.m. - Mon. 7:00 p.m.

Presidents’ Day Mother Father Sun.6:00 p.m. - Mon. 7:00 p.m.

Easter (when not part of spring break) **

Father Mother Sat. 6:00 p.m. - Sun. 7:00 p.m.

Memorial Day Mother Father Sun. 6:00 p.m.- Mon. 7:00 p.m.

Page 45: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Fourth of July Father Mother 7/4/ 9:00 a.m.-7/5 to the day care provider or other parent by noon

Labor Day Mother Father Sun. 6:00 p.m. - Mon. 7:00 p.m.

Halloween Father Mother 5:00 p.m. - 8:00 p.m.

Thanksgiving Mother Father Wed. 6:00 p.m. - Fri. 7:00 p.m.

1st part of Christmas Break **

Mother Father 9:00a.m. the day after recess to 12/25 at 2:00 p.m. (See Section 4)

2nd part of Christmas Break **

Father Mother 12/25 at 2:00 p.m. to 6:00p.m. day before school starts again. (See section 4)

Kwanzaa **

Father Mother 1st night 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Rosh Hashanah Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Yom Kippur Eve **

Mother Father 5:00 p.m. - 9:30 p.m.

Yom Kippur Day **

Father Mother 9:00 a.m. - 7:00 p.m.

Passover (1st night) **

Mother Father 5:00 p.m. - 9:30 p.m.

Hanukkah (1st night) **

Father Mother 6:00 p.m. - 8:30 p.m.

Mother’s Day Mother Mother 10:00 a.m. - 7:00 p.m.

Father’s Day Father Father 10:00 a.m. - 7:00 p.m.

Child’s Birthday (school)

Father Mother 5:30 p.m. - 8:30 p.m.

Page 46: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

Child’s Birthday (no school)

Father Mother 10:00 a.m. - 8:30 p.m.

* New Year’s Holiday is governed by the year in which New Year’s Day falls. It is not governed by the year in which New Year’s Eve falls.

** These holidays only apply if one of the parents is of the faith to which they belong.

6. TELEPHONE ACCESS: Each parent shall be permitted to telephone the child(ren)

as often as the parents agree. If the parents cannot agree: the residential parent shall permit the non-residential

parent to telephone the child(ren) at least twice per week. The parents are ordered to arrange two (2) fixed days within a fixed two hour period 7:00 p.m. to 9:00 p.m. during which the residential parent will have the child(ren) available to receive a call, and the non-residential parent may call. In addition, if a scheduled or agreed parenting time period is missed, the parent who was to exercise parenting time shall be permitted to telephone the child(ren) at least once during that period to explain why parenting time was missed.

Each parent shall have the right to telephone the child(ren) as often as the parents agree when the child(ren) is on vacation with the other parent. If the parents cannot agree, the non-vacationing parent may call the child(ren) at least twice per week on an arranged fixed day and time as required above for the residential parent to have the child(ren) available on weekdays.

If the child(ren) are unavailable for conversation when a parent calls during a pre-arranged time, then the parent with whom the child(ren) are staying shall be responsible for seeing that the call is returned within 24 hours even if such return call is at the expense of the parent with whom the child(ren) are staying.

The child(ren) shall be permitted to call the other parent as the child(ren) wishes when there is no extra phone charge to the parent with whom the child(ren) are residing. If there would be a phone charge, then the child(ren) may call either parent collect, with the agreement of the parent being called, or by use of a phone card or cell phone provided by the parent being called, at any and all reasonable times as the child(ren) wishes.

The parent whom the child(ren) are with will not interfere with the child(ren)’s phone call with the other parent except that the parent need not allow phone calls to last more than one (1) hour, or to allow phone calls at unreasonably late hours.

7. SPECIAL DAYS:

Due to the driving distance which may dissuade the non-residential parent from exercising all of his/her parenting time, the non-residential parent, at his/her choice, may elect the following parenting time:

Page 47: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

The following school holidays that constitute three(3) day weekends will be allocated to the non-residential parent, but only if he/she elects that school holiday to create a three day weekend of parenting time:

1. Martin Luther King Day 2. President’s Day 3. Either Memorial Day or Labor Day in the same year.

When a non-residential parent’s school holiday falls on a Monday immediately following a weekend with the non-residential parent, the non-residential parent shall be entitled to keep the child(ren) continuously from 6:00 p.m. Friday to 6:00 p.m. Monday.

OR if the non-residential parent’s scheduled weekend is not the weekend before

the holiday, the non residential parent must give two (2) weeks notice to the residential parent, IN WRITING, that he/she will switch the weekend immediately after the holiday for the weekend before the holiday. The child(ren) are to be returned by 6:00 p.m. on the holiday or whatever other exchange time the parents may mutually agree upon.

Mother’s Day and Father’s Day and, the parents’ birthdays, only when they fall

on a Saturday or Sunday, are to be spent with the appropriate parent. Again, the parent who has the day, but does not have that weekend as his or her regular alternating weekend may elect to switch his/her following weekend so as to have the child(ren) the entire weekend of Mother’s Day, Father’s Day or the parent’s birthday, He/she must give two weeks notice of such a switch.

If a child(ren)’s birthday falls on a weekend, the non-residential parent may elect

to switch his/her following weekend so as to have the child(ren) the entire weekend of the child(ren)’s birthday. He/she must give two weeks notice of such a switch.

Brothers and sisters should attend each other’s birthday events, if at all possible.

8. ORDER OF PRECEDENCE:

In the event of a conflict, the following is the order of precedence: 1. Holidays 2. Extended periods 3. Weekends 4. Weekdays.

9. MEDIATION CLAUSE: After any filing of a formal court motion to enforce or to

modify the allocation or details of parenting time under this option, the Court may (either with or without scheduling a hearing or conference) refer the issue to mediation.

Page 48: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

ONE OR BOTH PARTIES MAY BE REQUIRED TO PAY A DEPOSIT TO BE APPLIED TO THE COSTS OF MEDIATION.

10. Each party has 14 days from the date of filing to object to this Magistrate’s Parenting

Time Order. If the Court adopts this Magistrate’s Parenting Time Order before the 14 days expire, the Court will still review the objections as required by law.

A party shall not assign as error on appeal the Court’s adoption of any finding of fact

or conclusion of law in that decision unless the party timely and specifically objects to that finding or conclusion as required by Civil Rule 53(E)(3).

________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent ________________________________ Attorney for Defendant/Respondent

Page 49: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

OPTION 5

PARENTING SCHEDULE FOR BELMONT COUNTY COURT OF DOMESTIC RELATIONS

______________________________ : Plaintiff/Petitioner : ________________________ : ________________________ : : vs. : Case No. _______________ ______________________________ : Defendant/Respondent : ________________________ : ________________________ :

Regarding the following child(ren): ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Option 5 Parenting Time

When Public Transportation, i.e. Plane, Train, Bus, etc., Is Necessary To Transport Child(ren) For Parenting Time

The non-residential parent will have parenting time as follows in this Option UNLESS both parents mutually agree to a different parenting time schedule which is convenient for each of them and adequately facilitates the child(ren)’s opportunity to spend time with the non-residential parent. The Court prefers such agreements be written, labeled with the above case number, signed by both parents and sent to the Clerk of the Court for filing. 1. TERMINOLOGY:

For purposes of this order ____________________________________ is designated the residential parent and ________________________________________is designated the non-residential parent. For purposes of a Shared Parenting Plan, wherever “residential parent” appears, the name of __________________________shall be substituted as if rewritten, and

Page 50: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

wherever “non-residential parent” appears, the name of _________________________ shall be substituted as if rewritten. For purposes of the following parenting schedule, “week 1” is considered to be the first full week of each calendar year with Monday regarded as the first day of the week.

2. WEEKLY SCHEDULE:

This option has no weekly parenting time schedule. When public transportation is used, the distance to be traveled probably will be so great as to make weekly parenting time impossible. However, the Court is willing to entertain reasonable proposals submitted in writing by either parent based on the particular facts of their situation.

3. TRANSPORTATION:

When transportation other than the standard motor vehicle is necessary and appropriate (i.e., plane, train, bus, etc.) to effectuate parenting time, then the parties shall cooperate to make the necessary arrangements for transportation of the child(ren). The Court anticipates the parties shall cooperate with regard to the specifics of any transportation arrangements, including whether or not a companion is necessary, whether or not the trip should be without intervening stops, dates, times, payment of costs, etc. In the event the parties cannot agree, the Court will then hear evidence and make a decision accordingly. If it is necessary for the Court to issue a ruling, the same shall be undertaken, giving due consideration to various factors which shall include, but not necessarily be limited to:

A. Safety concerns and potential need for an escort during travel. B. Mode of transport, i.e., plane, train, bus, and any potential transfers during the

trip. C. Financial issues, including current or potential deviation from child(ren) support,

respective parent’s ability to pay, costs associated with a potential escort, etc. D. Basis for separation or move. Specifically, the Court will consider whether the

moving party did so for employment needs, educational needs, marriage or cohabitational arrangements, etc.

4. EXTENDED SCHOOL VACATIONS FOR CHILD(REN) WHO ARE AT

LEAST OLD ENOUGH TO BE IN KINDERGARTEN.

The Court believes the following should be the minimum parenting time for a non-residential parent if public transportation is appropriate and can be arranged: Thanksgiving: In even numbered years, the mother shall have the child(ren). In odd numbered years, the father shall have the child(ren) for Thanksgiving Day, and the

Page 51: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

child(ren) shall return on time to return to school. The specific times and dates will depend on the schedule of the public transportation system. Christmas break (includes New Year’s Day): For Christmas break beginning in even numbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses until 2:00 p.m. on December 25, and the father shall have the child(ren) from 2:00 p.m. on December 25 through 6:00 p.m. the day before school starts again in the new year. For Christmas break beginning in all odd numbered years, the reverse schedule shall apply. Spring break: If the school has a spring or Easter break in even-numbered years, the father shall have the child(ren) during the spring break from school, starting the day after school recesses to the day before school resumes. In the odd-numbered years, the mother shall have the child(ren) for spring break. Summer: The non-residential parent shall have the child(ren) for about 42 consecutive days beginning on or about June 15 and ending on or about July 27 of that year.

5. TELEPHONE ACCESS: Each parent shall be permitted to telephone the child(ren) as often as the parents agree.

If the parents cannot agree: the residential parent shall permit the non-residential

parent to telephone the child(ren) at least twice per week. The parents are ordered to arrange two (2) fixed days within a fixed two hour period 7:00 p.m. to 9:00 p.m. during which the residential parent will have the child(ren) available to receive a call and the non-residential parent may call. In addition, if a scheduled or agreed parenting time period is missed, the parent who was to exercise parenting time shall be permitted to telephone the child(ren) at least once during that period to explain why parenting time was missed.

Each parent shall have the right to telephone the child(ren) as often as the parents agree when the child(ren) is on vacation with the other parent. If the parents cannot agree, the non-vacationing parent may call the child(ren) at least twice per week on an arranged fixed day and time as required above for the residential parent to have the child(ren) available on weekdays.

If the child(ren) are unavailable for conversation when a parent calls during a pre-arranged time, then the parent with whom the child(ren) are staying shall be responsible for seeing that the call is returned within 24 hours even if such return call is at the expense of the parent with whom the child(ren) are staying.

The child(ren) shall be permitted to call the other parent as the child(ren) wishes when there is no extra phone charge to the parent with whom the child(ren) are residing. If there would be a phone charge, then the child(ren) may call either parent collect, with the agreement of the parent being called, or by use of a phone card or cell phone provided by the parent being called, at any and all reasonable times as the child(ren) wishes.

Page 52: GENERAL COURT ORDERS REGARDING PARENTING TIME … · normally be the other parent’s time immediately following the missed parenting time and shall continue until made up in full

The parent whom the child(ren) are with will not interfere with the child(ren)’s phone call with the other parent except that the parent need not allow phone calls to last more than one (1) hour, or to allow phone calls at unreasonably late hours.

6. MEDIATION CLAUSE: After any filing of a formal court motion to enforce or to

modify the allocation or details of parenting time under this option, the Court may (either with or without scheduling a hearing or conference) refer the issue to mediation. ONE OR BOTH PARTIES MAY BE REQUIRED TO PAY A DEPOSIT TO BE APPLIED TO THE COSTS OF MEDIATION.

7. Each party has 14 days from the date of filing to object to this Magistrate’s Parenting

Time Order. If the Court adopts this Magistrate’s Parenting Time Order before the 14 days expire, the Court will still review the objections as required by law.

A party shall not assign as error on appeal the Court’s adoption of any finding of fact

or conclusion of law in that decision unless the party timely and specifically objects to that finding or conclusion as required by Civil Rule 53(E)(3).

________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent ________________________________ Attorney for Defendant/Respondent