Why Holiday Time-Sharing Matters Under Florida Law

Holiday time-sharing is not simply a “bonus,”  it is part of the statutory right of each parent to enjoy frequent and continuing contact with his or her child. Florida Statutes §61.13(2)(c) requires courts to ensure that children maintain stable and meaningful relationships with both parents whenever possible. Holiday schedules carry significant emotional and cultural weight, and courts recognize this.

Florida courts have repeatedly emphasized that time-sharing decisions must be guided by the best interests of the child.In Cruz v. Morales, 320 So. 3d 695 (Fla. 3d DCA 2021), the appellate court reaffirmed that time-sharing determinations, even temporary ones, must be made with the child’s best interests at the forefront and supported by competent evidence.

During the holidays, stability, predictability, and fairness become even more crucial.

Why Courts Prioritize Holiday Time-Sharing Motions

Judges understand that time is of the essence when the holidays are approaching. Waiting weeks or months for relief would defeat the purpose of the request. Because of this, most circuits treat holiday time-sharing motions as priority matters.

Family judges routinely:

• Grant expedited hearings
• Consider shortened response deadlines
• Issue temporary or emergency orders when appropriate
• Apply judicial discretion under Fla. Fam. L. R. P. 12.947(a) and Florida Statute § 61.13(2)(c).

When a parent files a proper motion and brings the issue to the court’s attention early enough, the court will generally make every attempt to help both parents have holiday access to the children.

Filing a Motion for Holiday Time-Sharing

What the Motion Should Include

A well-drafted motion should:

1. Identify the specific holiday dates at issue
2. Explain the current parenting plan or lack thereof
3. Describe why an agreement cannot be reached
4. Request specific, defined, and enforceable time periods
5. Cite the statutory best-interest factors under §61.13(3)

While motions can be filed by pro se litigants, self-represented parents often struggle to cite proper law, provide sufficient detail, or comply with local rules of procedure.

Court Rules That Apply

Several rules come into play:

• Florida Family Law Rule of Procedure 12.100(b) – governs motions
• Rule 12.285 – mandatory disclosure issues often affect the court’s decision
• Rule 12.490 & 12.491 – magistrate and hearing officer procedures
• Florida Rule of Civil Procedure 1.100(b) – motion pleading requirements (incorporated where not inconsistent with family-law rules)

Failure to comply with these procedural requirements can result in a motion not being set, not being heard, or being denied.

Getting the Hearing Set: Why Knowledge of Judicial Preferences Matters

Even the best motion accomplishes nothing until it is set for hearing. This is where many parents—especially pro se litigants—become stuck.

Every judge in Florida has:

• Specific procedures
• Online scheduling portals
• Standing orders
• Requirements for coordination with opposing counsel
• Limits on hearing time
• Cutoffs for emergency or expedited hearings

Many pro se litigants do not know these requirements. They often email the judicial assistant incorrectly, fail to coordinate a hearing, or request a time slot in a way the judge will not accept. As a result, their holiday motion never gets heard, and the holiday passes without relief.

A local attorney, however, already knows:

• How to format the motion correctly
• How to comply with the judge’s specific administrative preferences
• How to coordinate dates with opposing counsel efficiently
• How to request priority scheduling
• How to draft and upload proposed orders in compliance with the judge’s CMS or OLS system

Why Hiring an Attorney Can Make the Difference

Parents sometimes hesitate to hire a lawyer, believing they can handle time-sharing motions themselves. But holiday cases are time-sensitive, procedurally strict, and fact-specific.

An attorney can:

• Draft a legally sound and persuasive motion
• Frame arguments around the statutory best-interest factors
• Cite the correct Florida case law, such as Cruz v. Morales
• Avoid procedural mistakes that delay your case
• Navigate judge-specific requirements
• Obtain hearings quickly
• Present evidence efficiently and professionally
• Advocate for a balanced, enforceable, and fair holiday schedule

A pro se litigant may take weeks, or months, trying to resolve what an experienced attorney can solve in days.

When the holidays are approaching, a delay means losing your time with your child.

The Bottom Line: Courts Want Both Parents to Share the Holidays

If communication with the other parent has broken down, do not wait until the last minute. The earlier you file a proper motion for holiday time-sharing, the more likely it will be heard in time.

Florida law supports your right to spend special holiday moments with your children. The courts prioritize these issues, but you must invoke the court’s authority properly, and doing that correctly is where legal representation becomes invaluable.

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