{"id":2476,"date":"2016-12-01T14:56:45","date_gmt":"2016-12-01T19:56:45","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=2476"},"modified":"2016-11-30T14:57:30","modified_gmt":"2016-11-30T19:57:30","slug":"what-does-your-agreement-say","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=2476","title":{"rendered":"What does your agreement say?"},"content":{"rendered":"<p>This time of year is often full of celebrations and good times.\u00a0 However, it is often a time of great stress.\u00a0 This is especially true for families that are going through the divorce process or have concluded the process.\u00a0 Parenting is a big issue in virtually every case I have handled where there are children.\u00a0 Parenting time becomes even more highlighted during the holidays.\u00a0 The reality is that many of the pre-divorce traditions must change as the parents are no longer residing under one roof.<\/p>\n<p><strong>How to make holiday parenting time decisions easier to deal with<\/strong><\/p>\n<p>I often receive calls from frantic parents who are trying to resolve holiday parenting time at the last minute.\u00a0 As with most major issues in life, waiting to the last minute is never a good idea.\u00a0 These phone calls do not come from my current or prior clients and I&#8217;ll explain why later.<\/p>\n<p>Once the caller tells me the issue they are calling about is holiday parenting time, I have a standard question: What does your Agreement say?\u00a0 Whether it be your final Marital Settlement agreement or an interim order, the language of any such document concerning holiday parenting time governs.\u00a0 Sadly, I often hear &#8220;What agreement&#8221; or &#8220;We didn&#8217;t address that&#8221; in response to my inquiry.\u00a0 Creating clear and detailed parenting time plans is a crucial part of resolving your case.\u00a0 Doing so provides guidance and avoids conflicts in the future. The reason my clients don&#8217;t frantically call me on Christmas Eve is because we have carefully constructed language in their Agreement to address such an event.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>What to do if there are no Orders in place or if your Agreement is silent as to holiday parenting time?<\/strong><\/p>\n<p>If you find yourself without any guidance you must act quickly!\u00a0 Frankly, if you are reading this post it is all but too late to have the court intervene.\u00a0 In New Jersey, family court motions are heard on a 24 day cycle.\u00a0 If you haven&#8217;t&#8217; filed a motion yet its too late for this Christmas.\u00a0 But you should proceed with putting plans in place for future holidays.\u00a0 To make things easier the Court has created a generic schedule that can be adopted or modified as may be appropriate in any given case. <a href=\"https:\/\/thedurstfirm.com\/wp-content\/uploads\/2016\/11\/Court-holiday-PT-schedule.pdf\">court-holiday-pt-schedule<\/a><\/p>\n<p>&nbsp;<\/p>\n<p>The best course of action is to make sure this topic is properly dealt with during the divorce.\u00a0 The second best option is work with your former spouse in a constructive and respectful manner and remain focused on the children,<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This time of year is often full of celebrations and good times.\u00a0 However, it is often a time of great stress.\u00a0 This is especially true for families that are going through the divorce process or have concluded the process.\u00a0 Parenting &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=2476\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[163,30,29,122,77],"class_list":["post-2476","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-christman","tag-custody","tag-divorce","tag-holiday","tag-parenting-time"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-DW","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":3034,"url":"https:\/\/thedurstfirm.com\/?p=3034","url_meta":{"origin":2476,"position":0},"title":"Prepare now for happier holidays","author":"Sandy Durst","date":"October 24, 2025","format":false,"excerpt":"Thanksgiving turkey and side dishes by mdburnette is licensed under CC-CC0 1.0 As we head into fall, it is no secret that the holidays are right around the corner. For families going through a divorce or who may have already completed their divorce, the holidays can be a time fraught\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"Thanksgiving turkey and side dishes","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/2906226d074e60b34.96281041-2048x1365-1.jpeg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/2906226d074e60b34.96281041-2048x1365-1.jpeg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/2906226d074e60b34.96281041-2048x1365-1.jpeg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/2906226d074e60b34.96281041-2048x1365-1.jpeg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/2906226d074e60b34.96281041-2048x1365-1.jpeg?resize=1050%2C600&ssl=1 3x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/10\/2906226d074e60b34.96281041-2048x1365-1.jpeg?resize=1400%2C800&ssl=1 4x"},"classes":[]},{"id":2031,"url":"https:\/\/thedurstfirm.com\/?p=2031","url_meta":{"origin":2476,"position":1},"title":"What is the Parent&#8217;s Education Program in NJ?","author":"Sandy Durst","date":"February 11, 2016","format":false,"excerpt":"If you are getting divorce in NJ and have children, you be will required to attend the Parent's Education Program. \u00a0This program is administered by the court and is free for the litigants. \u00a0Attendance is required unless all issue of custody and parenting time have been resolved. \u00a0You and your\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":893,"url":"https:\/\/thedurstfirm.com\/?p=893","url_meta":{"origin":2476,"position":2},"title":"NJ Appellate Court clarifies law on relocating out of state with a child","author":"Sandy Durst","date":"September 10, 2012","format":false,"excerpt":"As today's society becomes increasingly mobile, divorce parents often find that the need to move from New Jersey after their divorce has been finalized. The need to move can arise due to\u00a0a new job offer, remarriage, or the need to become a caretaker for elderly parents.\u00a0 Under NJ law, the\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":815,"url":"https:\/\/thedurstfirm.com\/?p=815","url_meta":{"origin":2476,"position":3},"title":"Divorce &#038; Back to School Isssues","author":"Sandy Durst","date":"August 1, 2012","format":false,"excerpt":"If you are going through a divorce or have recently been divorced you may find that the upcoming back to school season presents a host of new issues that must be delicately addressed in order to minimize the impact on the children.\u00a0 If you and\u00a0your former\u00a0spouse share joint legal custody\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1907,"url":"https:\/\/thedurstfirm.com\/?p=1907","url_meta":{"origin":2476,"position":4},"title":"How does divorce arbitration work?","author":"Sandy Durst","date":"December 7, 2015","format":false,"excerpt":"Legal proceedings \u00a0can be intimidating. Many litigants have not been involved in the legal system before their divorce. Understanding how the process works can help allieve some of the confusion and allow you to focus on the issues rather than the process.\u00a0 As a follow up to our prior posting\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1386,"url":"https:\/\/thedurstfirm.com\/?p=1386","url_meta":{"origin":2476,"position":5},"title":"Your still parents, so act like it! Tips for navigating Mother&#8217;s Day &#038; Father&#8217;s Day post-divorce.","author":"Sandy Durst","date":"May 8, 2015","format":false,"excerpt":"A divorce is the legal process by which a marriage is dissolved.\u00a0 This means that at the conclusion of the proceedings, you will no longer be spouses.\u00a0 However, if you have child, you and your ex will continue to be parents.\u00a0 So act like the grownups you are and strive\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2476"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2476\/revisions"}],"predecessor-version":[{"id":2478,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/2476\/revisions\/2478"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}