With Halloween less than three weeks away, it is important for divorced and separated parents to think about what parenting time will be like on their child’s second favorite night of the year (with Christmas Eve likely being their favorite). Basically, parents who share custody must be on the same page when it comes to parenting time on Halloween.
For some parents, it may be fairly easy to determine who will take the child trick-or-treating. It may also be as simple as designating an afternoon for a Halloween party in one parent’s neighborhood (or with their family) while trick-or-treating on Halloween night may be done in the other parent’s neighborhood.
However, there may be other instances where a compromise may be significantly more difficult to reach. Some parents may be opposed to children participating in these festivities because of religious reasons. They may go so far as to obtain a court order to enforce their religious beliefs.
Nevertheless, obtaining injunctive relief is not as easy as it seems. A parent seeking such relief may have to prove that a child is in immediate danger of harm. Also, courts are not always willing to delve into the issue of religious freedoms when one parent complains that his or her religion is not being respected by allowing a child to participate in what is largely a secular event.
Indeed, the preceding should not be taken as legal advice. But, if you have questions about how to resolve parenting time issues in the meantime, an experienced family law attorney can help.