School’s Almost Out in Minnesota - Hard Decisions are Just Beginning

For many families, the last day of school comes with a sense of relief and pride in all the hard work and efforts made throughout the school year. However, for separated parents, the summer can quickly turn contentious with arguments about school choice and future commitment pertaining to new activities.

In addition, unresolved summer parenting time and vacation schedules create heightened disputes. If you and your co-parent aren’t aligned with necessary decisions or schedules, now is the time to address those concerns with an attorney.

Here’s what comes up most often this time of year, and what you can do about it.

Reviewing the Court Order For Specific Summer Scheduling and Vacation Time Provision is Critical Toward Drama-Free Summers

Most Minnesota parenting time schedules address summer in one of two ways: either the regular parenting time schedule continues without changes, or the schedule incorporates a separate summer schedule. If your order has a summer schedule, the start date and end date should be defined with enough detail to prevent disagreement with timing and location for pick up/drop offs.

In addition to summer schedule provisions, the order may include a vacation provision. However, it is important any vacation provision provides clarity regarding how many days notice is required for exercising vacation time, exchanging information regarding travel itinerary, and whether travel outside Minnesota or even outside the United States is permitted and under what conditions. If your order does not include a vacation schedule, now would be the time to request one.

A third part of the summer for review includes the holiday schedule. Without a clearly stated holiday schedule, arguments regarding who exercises Fourth of July become contentious. The order should be clear whether the Fourth of July holiday spans a period of one evening, two evenings, a week, etc. It should also incorporate specific pick up and drop off times and locations.

Common Summer Conflicts We See Every Year

•        One parent schedules a vacation during the other’s parenting time without adequate notice

•        Travel outside Minnesota or the United States without consent of the other parent

•        Disagreement over which parent gets the Fourth of July, Memorial Day, or Labor Day holiday

•        Disagreement over school enrollment in the Fall

•        A parent enrolls the children in summer camps or activities that conflict with the other parent’s time

If your court order doesn’t address these issues with clarity, changes are necessary to prevent escalated arguments over it.

General Minnesota Vacation Guidelines

Most orders include language providing each parent at least two weeks of vacation not to be taken at the same time with notice to the other parent prior to exercising this time. Vacation time is intended to provide parents the ability to travel in Minnesota and sometimes outside of Minnesota with proper notice and an offer of the vacation itinerary to the other parent. Vacation time usually takes priority over regular parenting schedule. Sometimes orders address international travel with requirements that the parent provide significant advance notice with a detailed itinerary. Some orders go further by requiring written agreement of both parents permitting international travel as well.

Holiday Schedule in Minnesota

Most orders typically include a holiday schedule that spells out which parent receives which holiday each year. Most holiday schedules includes specific pick up/drop off times and locations. The holiday schedule typically takes priority over the regular parenting time. If your order is confusing or does not include language outlining who receives Fourth of July in even or odd years, it may be time to review your current order with an attorney.

Minnesota School Choice Issues Require Advance Scheduling and Planning Before the Next School Year Begins

Minnesota has robust school choices available that go beyond just the residential school district in which a parent resides. In fact, many schools in Minnesota have open enrollment, which allows enrollment in other school districts. In addition to open enrollment, alternative education programs exist in the form of private schools and charter schools. These schools have their own enrollment requirements and deadlines for applications. However, parents in Minnesota sharing joint legal custody require mutual agreement be reached before enrolling the child in a different school.

School choice matters require careful planning because timing matters. When disagreement arises, seeking assistance is critical toward reaching expeditious resolution. Waiting until June to raise school choice issues is likely too late for change if agreement is not reached. The court’s calendar may be full and unaccommodating for hearings prior to the beginning of the new school year.

Courts typically apply analysis that incorporates part of the best interests of the child standard to school choice matters. Considerations may include the type of school, comparison of school outcomes, length of time the child has spent at the current school, community ties to the school, school resources/availability of resources, and other relevant factors.

Problems With Coordinating Activities

Though late Winter and early Spring are when plans for summer activities must be made including summer camps and sports, the summer is ideal for reviewing activities for the following school year. However, enrollment in activities often requires cooperation and co-parenting among parents who share joint legal custody. When disagreements arise, a review of the court order is important because some orders outline specific steps to manage conflict with activity selection. Some orders make it clear neither party will withhold agreement to activities while other orders suggest activities may be scheduled but a parent who disagrees with the activity is not required to make sure the child’s participation in the activity takes place.

Next Steps

Read your parenting time order carefully for the following:

•        Whether your regular schedule or a summer schedule applies, and when the transition occurs

•        Notice requirements for vacations and out-of-state travel

•        How disagreements about major decisions — including school choice — are supposed to be resolved

•        Whether your order includes any tie-breaking mechanism for educational decisions

If you are ready to discuss questions and concerns with an experienced Minnesota Family Law Attorney, click the link below:

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DISCLAIMER: This post is intended for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every situation is different, which requires consulting with a qualified Minnesota attorney about your specific circumstances.