Summer break presents both opportunities and challenges for divorced and separated parents. The structured routine of the school year gives way to weeks of unscheduled time — and with it, questions about vacation travel, summer camps, childcare, and how to divide extended time fairly. Whether your custody order already addresses summer or you need to modify an existing arrangement, understanding your rights and planning ahead can prevent conflict and protect your children's experience.
Does Your Custody Order Address Summer?
The first step is reviewing your existing custody order or parenting plan. Many California custody orders include specific summer provisions, such as:
Extended summer blocks: Some orders provide each parent with two to four consecutive weeks of uninterrupted parenting time during summer, often with advance notice requirements (typically 30–60 days before summer begins).
Alternating weeks: Other orders maintain the regular schedule year-round, or switch to a week-on/week-off arrangement during summer months.
"Right of first refusal" clauses: These require a parent to offer the other parent childcare time before using a third-party caregiver (such as a babysitter or day camp) when the custodial parent is unavailable for a specified period.
If your order is silent on summer, the regular custody schedule typically continues. However, this can create practical problems — particularly around vacation travel and extended activities. If you anticipate recurring summer conflicts, seeking a modification to add specific summer terms is often worthwhile.
Vacation Travel: Notice and Consent
Summer is peak travel season for families, and vacation planning requires coordination between co-parents. Key considerations include:
Domestic travel: Most custody orders allow either parent to travel domestically with the children during their custodial time without the other parent's consent, provided the trip does not interfere with the other parent's scheduled time. However, many orders require advance written notice (typically 14–30 days) including travel dates, destination, and contact information.
International travel: International travel typically requires either written consent from both parents or a court order. If your co-parent refuses consent unreasonably, you may petition the court for permission to travel. Courts consider the child's age, the destination, the duration of travel, and any flight-risk concerns. Having both parents listed on the child's passport — and maintaining possession of the passport — are common protective measures.
Travel restrictions: If there are concerns about a parent failing to return the children (particularly in cases involving international ties), the court may impose travel restrictions, require posting a bond, or order surrender of passports during the other parent's custodial time.
Summer Camps and Activities
Enrolling children in summer camps, sports programs, and enrichment activities often becomes a source of disagreement. California law addresses this through the distinction between joint legal custody and sole legal custody:
Joint legal custody: If both parents share legal custody, major decisions about the child's activities — including expensive or time-intensive summer programs — generally require mutual agreement. Neither parent should unilaterally enroll a child in a program that affects the other parent's custodial time without discussion.
Practical approach: Courts expect parents to communicate and cooperate regarding summer activities. If you want to enroll your child in a camp that falls during the other parent's time, propose it in writing well in advance (ideally by April for summer programs). Offer alternatives or schedule adjustments to accommodate both parents' interests.
Cost sharing: Under Family Code §4062, childcare costs necessary due to employment or job training — which can include day camps and summer programs — may be shared between parents in proportion to their incomes, in addition to base child support. Overnight camp costs may also qualify depending on the circumstances.
Modifying the Schedule for Summer
If your current custody order does not work well during summer, you have several options:
Informal agreement: Parents can always agree to temporary schedule changes without going to court. Put any agreement in writing (even a text message or email exchange confirming the arrangement) to avoid later disputes about what was agreed.
Stipulation and order: For a more formal change, both parents can sign a stipulation modifying the summer schedule and submit it to the court for approval. This creates an enforceable court order without the need for a hearing.
Request for Order: If you cannot agree, either parent may file a Request for Order (FL-300) asking the court to establish or modify the summer schedule. Courts prioritize the child's best interest under Family Code §3011, considering factors such as the child's age, each parent's work schedule, the child's established routines, and the distance between parents' homes.
Common Summer Custody Arrangements
Several schedule structures work well for summer, depending on the children's ages and the parents' circumstances:
Two-week blocks with alternating weekends: Each parent receives two consecutive weeks, with the non-custodial parent getting a weekend visit in the middle of the other parent's block. This provides extended bonding time while preventing long separations from either parent.
Week-on/week-off: A simple alternating-week schedule that provides equal time and predictable transitions. This works well for school-age children who can handle longer separations and benefit from routine.
Extended time for the non-primary parent: In cases where one parent has primary custody during the school year, summer may provide the other parent with a larger share of time — such as six weeks of summer custody — to balance the annual schedule.
Split summer with vacation weeks: The regular schedule continues, but each parent receives two designated "vacation weeks" where they have uninterrupted time regardless of the normal rotation.
Tips for a Smooth Summer Transition
Based on our experience representing Beverly Hills families through summer custody transitions, these practices consistently reduce conflict:
Plan early: Begin summer discussions in March or April. Camp registration deadlines, travel bookings, and work schedules all benefit from advance planning. Waiting until June creates unnecessary pressure and limits options.
Put everything in writing: Verbal agreements about schedule changes are easily forgotten or disputed. Use email, a co-parenting app (such as OurFamilyWizard or Talking Parents), or text messages to document all arrangements.
Be specific: Rather than agreeing to "some time in July," specify exact dates and times for pickup and dropoff. Include details about who provides transportation and where exchanges occur.
Build in flexibility: Summer should be enjoyable for children. If your co-parent requests a minor schedule adjustment for a special event or family gathering, consider accommodating it — and expect the same courtesy in return.
Communicate about the children: Share information about camp schedules, activity locations, emergency contacts, and any health or behavioral concerns. Children benefit when both parents are informed and engaged, regardless of whose "time" it is.
Respect the other parent's time: Avoid scheduling activities, lessons, or obligations during the other parent's custodial time without their agreement. This is one of the most common sources of summer conflict — and one of the easiest to prevent.
When Summer Disputes Require Legal Action
Most summer scheduling issues can be resolved through communication and compromise. However, legal intervention may be necessary when:
A parent refuses to return the children at the end of their scheduled time. A parent plans international travel and the other parent has legitimate safety concerns. One parent unilaterally enrolls the children in activities that conflict with the other parent's time and refuses to discuss alternatives. A parent consistently denies the other parent's vacation time or ignores notice requirements.
In these situations, filing a Request for Order promptly — ideally before summer begins — allows the court to establish clear expectations and prevent disruption to the children's summer plans.
Schedule a Consultation
If you need help establishing, modifying, or enforcing a summer custody schedule, we invite you to begin with a complimentary 15-minute phone consultation. In-depth case strategy sessions are available at a flat fee. Contact Barsamyan Family Law at (424) 600-0019 or schedule online.
This article is for informational purposes only and does not constitute legal advice. Every custody situation involves unique facts and circumstances. Consult with a qualified attorney before making legal decisions.