Patrick Marsh v. Atsumi Marsh (2014)

MEMORANDUM OF DECISION REGARDING HOLIDAY PARENTING TIME SCHEDULE

The parties were before the court on December 11, 2013 on the postjudgment motion of plaintiff Patrick Marsh to modify the judgment of dissolution entered on March 31, 2010 with respect to the parenting plan for the children set forth in Article II of the parties' March 31, 2010 separation agreement (the March 2010 separation agreement), which was incorporated by reference in the dissolution judgment. (# 143.01.) Both parties were represented by counsel.   The guardian ad litem for the children, Louise T. Truax, Esq., was also present.

The court was advised at that time that the parties had agreed to modify certain provisions of their parenting plan regarding their respective Fourth of July, Thanksgiving, Christmas Eve and Christmas Day holiday parenting time.   On January 23, 2014, however, when the parties were next before the court, the court learned that they disagreed on when the Thanksgiving holiday parenting time would end.   Specifically, the plaintiff wants the Thanksgiving holiday parenting time to continue until Monday morning,¹ while the defendant wants the Thanksgiving holiday parenting time to end at 7:00 p.m. on Sunday, as provided in Article II, Section B (viii) of the March 2010 separation agreement.²  Each of the holidays is addressed below.

The Fourth of July

The parties have agreed to extend the holiday parenting time on the Fourth of July from 7:00 p.m. that evening to the following morning.   The court finds this change in the parenting plan to be in the children's best interests, and the parenting plan, as incorporated in the dissolution judgment, will be modified accordingly.

Thanksgiving

In accordance with the court's ruling on the plaintiff's motion to modify (# 143.01), the court finds that it is in the children's best interests for the Thanksgiving holiday parenting time to continue until Monday morning.   Sunday evening is an important time for the children to prepare for the coming week.   They should not have to deal with the stress and discomfort of transferring directly between their parents on Sunday evening.   The parenting plan, as incorporated by reference in the dissolution judgment, will be modified accordingly.

Christmas Eve

The parties have agreed to modify the parenting plan to provide as follows:  “From after school on the [sic] December 23 until Christmas day at 1:00 p.m. The children shall be with the Husband in odd-numbered years, and with the Wife in even-numbered years.”   Article II, Section B(ix).   The parties have agreed to this change so that one parent does not have the children for Thanksgiving, Christmas Eve, and New Year's Eve holiday parenting time in the same year.   The court finds this to be in the best interests of the children, and the parenting plan, as incorporated by reference in the dissolution judgment, will be modified accordingly.

Christmas Day

The parties have agreed to modify the parenting plan to provide as follows:  “From 1:00 p.m. on Christmas Day until December 31st at 12 noon.   The children shall be with the Husband in even-numbered years, and with the Wife in odd-numbered years,” Article II, Section B(x).  As discussed above with respect to the parties' Christmas Eve holiday parenting time, the court finds this to be in the best interests of the children, and the parenting plan, as incorporated by reference in the dissolution judgment, will be modified accordingly.

Accordingly, it is hereby ORDERED that the March 31, 2010 dissolution judgment, which incorporated by reference the parties' March 31, 2010 separation agreement, be modified as follows:

1. The holiday parenting time on the Fourth of July shall be extended from 7:00 p.m. that evening to 9:00 a.m. the following morning.

2. The Thanksgiving holiday parenting time shall continue until Monday morning.

3. The plaintiff will have Christmas Eve holiday parenting time with the children in odd-numbered years, and the defendant will have Christmas Eve holiday parenting time with the children in even-numbered years.

4. The plaintiff will have Christmas Day holiday parenting time with the children in even-numbered years, and the defendant will have Christmas Day holiday parenting time with the children in odd-numbered years.

BY THE COURT,

HELLER, J.

FOOTNOTES

FN1. In connection with his motion to modify the dissolution judgment (# 143.01), the plaintiff asked that his weekend parenting time continue overnight on Sunday to Monday morning..  FN1. In connection with his motion to modify the dissolution judgment (# 143.01), the plaintiff asked that his weekend parenting time continue overnight on Sunday to Monday morning.

FN2. The defendant opposed the plaintiff's motion to modify the dissolution judgment.   She wanted the plaintiff's weekend parenting time to end at 6:30 p.m. on Sunday night, rather than continue to Monday morning..  FN2. The defendant opposed the plaintiff's motion to modify the dissolution judgment.   She wanted the plaintiff's weekend parenting time to end at 6:30 p.m. on Sunday night, rather than continue to Monday morning.

Heller, Donna Nelson, J.