How do I establish a legal holiday and school vacation schedule as part of my California custody order?
To establish a legal holiday and school vacation schedule, you must get a detailed, written plan included in your official court-filed custody order. You can do this by either reaching a written agreement with the other parent or by asking a judge to make the order for you.
Here is how to create and file your holiday and vacation schedule:
Step 1: Draft a Detailed Proposal
Create a written proposal that covers all major holidays and school vacations. Specify which parent has the child for which holiday (e.g., Thanksgiving, Christmas Eve, Christmas Day) and how you will handle them, such as alternating each year. Include schedules for spring break, winter break, and the entire summer vacation. Be specific about start and end dates and times.
Step 2: Negotiate With the Other Parent
Share your proposal with the other parent to try and reach an agreement. The court prefers parents to co-create a plan. If you agree, you can move to the next step. If not, you must proceed to Step 4.
Step 3: File a Written Agreement (Stipulation)
If you both agree, write down all the details in a formal agreement, often called a "Stipulation and Order." You can use court forms like the "Stipulation and Order for Custody and/or Visitation of Children" (Form FL-355). Both parents must sign this document. File it with the court clerk so a judge can sign it and make it an official, enforceable order.
Step 4: File a Request for Order
If you cannot agree, you must file a "Request for Order" (Form FL-300) with your local county court. In your request, clearly state the holiday and vacation schedule you are asking for and explain why it is in your child's best interest. You will get a date for a court hearing and will likely be required to attend mandatory mediation first.
Important details and nuances:
Your schedule must be extremely specific to be enforceable. Define exact exchange times (e.g., "6:00 PM the day school lets out") and locations. Vague terms like "reasonable" can lead to future conflict. The court's primary focus will always be the child's best interest, not the parents' convenience.
Warnings and limitations:
Verbal agreements about holidays are not enforceable by law enforcement or the court; your schedule must be in a signed court order. The court process can be slow, so file any requests well in advance of the holidays you want orders for. If a judge decides your schedule, it may be one that neither you nor the other parent proposed.
This is general information and does not constitute legal advice. For complex situations or high-conflict cases, you should consult with a qualified California attorney to protect your rights and your child's best interests.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 43
Updated: August 14, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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