The holidays are right around the corner, and you’re already dreading the argument over who gets Christmas morning. If you have a Florida time sharing plan in place, you have legal backing for your schedule.
If you don’t, or if your plan is vague about holiday specifics, you’re about to learn why that matters and what you can do to avoid conflict.
These five strategies will help you handle holiday co-parenting under Florida law, whether you’re working with a cooperative co-parent or one who makes everything difficult.
1. Know What Your Time-Sharing Plan Actually Says About Holidays
It’s important for you to understand that your Florida time-sharing plan is a court order. Florida Statute 61.13 requires that parenting plans include a detailed time-sharing schedule, parenting plans must address holidays and school breaks in order for those provisions to be enforceable.
Pull out your parenting plan and look for the holiday provisions:
- Specific dates and times for winter break, Thanksgiving, and other holidays
- Whether holidays rotate between parents or stay fixed each year
- How holiday time-sharing overrides your regular weekday/weekend schedule
- Pick-up and drop-off locations and times for holiday exchanges
If your plan says “Mother has Christmas in even years from December 24 at 3 p.m. through December 25 at 6 p.m.,” that’s enforceable.
If it says “parents will work out holidays cooperatively,” that’s not.
What to Do If Your Plan Is Vague
Try to get a written agreement from your co-parent about this year’s schedule via text or email and save everything.
If your co-parent won’t agree or you anticipate conflict, file a Supplemental Petition for Modification to clarify the holiday provisions. You can request an expedited hearing given the time sensitivity.
2. Communicate Holiday Plans in Writing and Early
Florida courts favor parents who communicate clearly and document their efforts. Text or email works, but email creates a cleaner record.
When to Send Your Message
- Two weeks before the holiday, if you’re proposing changes
- One week before, if you’re confirming the existing schedule
What to Include
Be specific about dates, times, and locations. Example:
“Per our parenting plan, I have Thanksgiving this year from Wednesday, November 27, at 6 p.m. through Sunday, December 1, at 6 p.m. I’ll pick up the kids from your house at 6 p.m. on Wednesday. Please confirm you received this.”
Or if you’re requesting a change:
“Our plan gives you Christmas Eve this year, but I’d like to propose a swap. I’ll take Christmas Eve this year, and you can have New Year’s Eve, which is normally mine. Let me know by December 10 if this works for you.”
Why Documentation Matters
If your co-parent later claims they “didn’t know” about the schedule or that you “refused to communicate,” you have proof. If you file a motion for enforcement, the court will want to see your communication history.
3. Don’t Agree to Informal Changes Unless You’re Willing to Lose That Time
Your co-parent texts: “Can I have the kids on Christmas Day this year? I’ll make it up to you later.” You say yes. Then “later” comes, and your co-parent has no memory of owing you makeup time.
Informal agreements aren’t enforceable. The court will only enforce what’s written in your parenting plan.
How to Protect Yourself
Get any agreement in writing before you agree. Save the written confirmation. If your co-parent doesn’t honor the makeup time, you have documentation showing the agreement.
When to Make It Official
If the change involves multiple holidays or is significant, consider filing a Consent Motion to Modify Time-Sharing. This makes the change part of your official court order.
4. Follow the Plan Even When Your Co-Parent Doesn’t
Florida courts penalize parents who violate time-sharing orders, even if the other parent violated first. Florida Statute 61.13 allows the court to hold a parent in contempt for failing to comply with a time-sharing schedule. What you need to know about these violations:
Penalties for Violations
- Makeup time-sharing
- Attorney’s fees
- Parenting classes
- Modification of the time-sharing schedule in the other parent’s favor
Document Violations Instead
When your co-parent violates the schedule:
- Save texts showing they refused to return the children on time
- Take screenshots of communications where they cancel last minute
- Note the date, time, and details of each violation in a log
- Keep copies of the parenting plan showing what should have happened
After you have documentation of multiple violations, file a Motion for Enforcement or Motion for Contempt. But you only get this remedy if your own hands are clean.
5. Plan for Transitions to Reduce Holiday Stress
Holiday exchanges are high-stress moments. The smoother you make these transitions, the better the holidays go for your children.
Pick Neutral, Public Locations
If exchanges at each other’s homes create conflict, switch to a neutral location:
- Grocery store or shopping center parking lot
- Police station parking lot (some Florida departments accommodate custody exchanges)
- The child’s school if the exchange happens on a school day
- Restaurant parking lot
Public locations reduce the chance of arguments escalating.
Build in Buffer Time
If your plan says the exchange happens at 3 p.m., arrive at 2:50 p.m. This gives you a cushion for traffic or delays. If your co-parent runs late, you have documentation showing you arrived on time.
Keep Exchanges Brief and Child-Focused
Don’t use exchange time to discuss adult issues or argue. Keep it short:
“Hi, here are the kids. Their bags are in the back. See you on Sunday at 6.”
If you need to discuss something important, do it via email or text later.
Have a Backup Plan for No-Shows
If your co-parent frequently shows up late or doesn’t show:
- Wait 15-20 minutes past the scheduled time
- Document the no-show with a timestamped photo of you waiting
- Send a text: “I’m here at the agreed location. Let me know when you’ll arrive.”
- Take the kids home if they don’t respond or show up
- Document everything
Repeated no-shows can be grounds for modifying the time-sharing schedule or holding your co-parent in contempt.
What to Do If Conflict Escalates During the Holidays
File an emergency motion if:
- Your co-parent refuses to return the children after their scheduled time
- Your co-parent threatens to leave the state or country with the children
- There’s a safety concern involving the children during the holiday visit
Florida courts take violations of time-sharing orders seriously, especially when one parent uses the holidays to interfere with the other parent’s court-ordered time.
Make Your Holiday Time-Sharing Clear and Enforceable
The holidays work better when both parents know exactly what to expect. If your current plan uses vague language about “working together” or doesn’t mention holidays at all, you’re setting yourself up for conflict right before these special occasions.
Is your parenting plan leaving holiday schedules unclear? Call Nest Law today. We’ll help you establish concrete provisions or modify your existing order to include specific dates and rotation schedules.
You shouldn’t have to negotiate your holiday time every year.
