Your client, a divorced parent, is planning their first holiday season under new co-parenting arrangements. As an attorney, the single best piece of advice you can give your client is this: If the client anticipates a legal dispute or disagreement with their former partner, try to iron it out now. Importantly, be realistic about what issues are truly legal ones and what issues are more psychological ones. Hurt feelings and poor communication abound. While the psychological issues will take time to resolve —- if ever —- the legal ones may need to be addressed immediately or should be strategically delayed.

Judges are besieged by requests for emergency relief at holiday time.  Does your client have an emergency, or simply trepidation about their child’s first extended period away? Will the judge tend to view a request for emergency relief filed in the holiday corridor between Thanksgiving and Christmas as credible, or as an end-run to block otherwise justified access?

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