general court orders regarding parenting time … · normally be the other parent’s time...
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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.
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
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
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.
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.
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
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
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
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.
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
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,
“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.
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.
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,
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.
**
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
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
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,
“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*
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:
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.
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.
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.
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.
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.
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
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).
________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent ________________________________ Attorney for Defendant/Respondent
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,
“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.
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
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.
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.
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.
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
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.
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.
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).
________________________________ ______________________________ MAGISTRATE JUDGE _______________________________ Plaintiff/ Petitioner _______________________________ Attorney for Plaintiff/ Petitioner _______________________________ Defendant/Respondent ________________________________ Attorney for Defendant/Respondent
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 _________________________
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.
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:
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.
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.
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.
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:
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.
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
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
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
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.
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