Coronavirus Causes Decree Clarification

Coronavirus Causes Decree Clarification

Ohio Butler County Domestic Court Judge Barbara Schneider Carter sent the following to the Butler County Bar Association in response to parent and attorney questions regarding visitation and other items in Domestic Relation Decrees after the Ohio Governor's order to "expand" spring break for schools to decrease the spread of the coronavirus

Due to the expansion of spring break in most districts, our court has been besieged with calls from both parents and attorneys asking if the parent exercising spring break for 2020 may keep the children for this extended time until they return to school. The answer is NO.

The expanded spring break under the Governor's order is in response to a health threat and does not expand spring break under your client's Decree. The originally scheduled spring break for 2020 in the residential parent's school district calendar is the spring break to follow unless your client's Decree specifies another designated week. This is set forth in our Local Rule:

"Spring Break: The child(ren)’s school schedule shall define the parenting time.  If the child(ren) are not of school age, the public school schedule in the district where the residential parent for school purposes resides shall control.  Parenting time should be from 5:00 p.m. on the last day of school prior to the Spring Break until 5:00 p.m. on the day before school resumes (or would resume if the child(ren) were of school age)."

After the scheduled spring break, they are to follow the regular parenting time schedule in the Decree, or risk contempt.