The fall season brings excitement for families in Utah. Children look forward to dressing up for Halloween, and trick-or-treating with friends and family. But for divorced or separated parents, these holidays can also bring tension and stress. Deciding who gets to spend time with the children on these special days often becomes a source of conflict—especially if the parenting plan isn’t clear or if emotions are running high.
At Eric M. Swinyard & Associates, PLLC, we frequently help parents in South Jordan, Salt Lake County, Provo, and Utah County work through these exact challenges. By understanding Utah’s custody laws, planning ahead, and keeping the children’s best interests first, parents can minimize disputes and create positive holiday memories for their kids.
Why Halloween is a Common Conflict Point
Unlike major winter holidays such as Christmas and New Year’s, Halloween sometimes receive less attention in divorce decrees. Parents may assume these holidays won’t cause conflict, but in reality, they are often among the most challenging to navigate.
Halloween Disputes
Trick-or-Treating: Both parents may want to take the children out in their neighborhood, but time is limited.
School Events: Children often have school parties or community events, and coordinating who attends can be tricky.
Evening Custody: Because Halloween falls on one night, there’s no easy way to “split” the time without cooperation.
Utah Parenting Plans and Holiday Custody
In Utah, custody and parenting time are typically outlined in a parenting plan or decree of divorce. These plans often specify how major holidays are divided. The Utah Code (§30-3-35 and §30-3-35.1) provides guidelines for standard parent-time schedules, including holidays.
Halloween in Utah Parenting Plans
Under the standard parent-time schedule, Halloween is often alternated each year between parents. The child spends Halloween with one parent in even-numbered years and the other parent in odd-numbered years.
If parents have a custom parenting plan, the arrangement may differ. That’s why reviewing your plan well before October 31 is critical.
Practical Tips for Halloween Co-Parenting
Halloween presents unique challenges because it is only a single evening. Here are strategies for making it easier:
Alternate Years: Follow your parenting plan and alternate Halloween each year. This avoids confusion and conflict.
Split the Evening: Some parents agree to split trick-or-treating time—for example, one parent takes the children for an hour, then drops them off with the other.
Attend Together (If Possible): In cases where parents have a friendly relationship, attending trick-or-treating events together can make the night more enjoyable for the children.
Create New Traditions: If you don’t have your children on Halloween night, consider celebrating early. Pumpkin carving, movie nights, or costume parades can give your children extra opportunities for fun.
Handling Disagreements Before They Escalate
Even with a parenting plan, disagreements happen. If you and your co-parent cannot agree on holiday custody, here are your options:
1. Mediation
Utah strongly encourages mediation in custody disputes. A neutral mediator can help parents find creative solutions, such as dividing the day or swapping holidays in future years.
2. Temporary Agreements
Parents can agree to make a one-time adjustment without modifying the entire parenting plan. For example, if one parent’s extended family is visiting from out of state, both parents might agree to swap Thanksgiving for another holiday that year.
3. Court Intervention
If disputes become recurring or one parent consistently refuses to follow the plan, you may need to seek court enforcement or modification. Judges in Utah consider the best interests of the child above all else, so solutions that minimize conflict and maximize the child’s stability will carry the most weight.
Keeping Children’s Best Interests First
When disputes arise, it’s easy for parents to focus on “winning” holiday time. But the courts—and more importantly, the children—care about stability and happiness. Here are some reminders:
Children should not feel torn between parents. Avoid asking them to choose.
Consistency matters. Stick to routines when possible, especially for younger children.
Flexibility creates better memories. Sometimes letting go of one holiday creates an opportunity for a better experience on another.
The holidays should be about love, gratitude, and fun—not conflict.
Local Perspective: Custody Disputes in Utah County & Salt Lake County
Families in South Jordan, Provo, and across Salt Lake and Utah County often face unique challenges when navigating custody disputes. Strong family networks, religious traditions, and large extended gatherings mean both sides of the family may want time with the children on the same holiday.
Having a local attorney who understands the community values and court expectations is essential. At Eric M. Swinyard & Associates, PLLC, we provide tailored advice to families in northern Utah, helping them protect their rights while prioritizing their children.
How an Attorney Can Help with Holiday Custody Issues
At our firm, we help parents:
Interpret and enforce holiday provisions in parenting plans
Negotiate modifications to custody schedules
Represent clients in mediation or court when disputes arise
Draft custom parenting plans that clearly outline holiday schedules to prevent future conflict
If you’re already anticipating holiday disagreements, now is the time to take action. Waiting until the week of Halloween or Thanksgiving can leave you with few options.
Final Thoughts
Halloween should be filled with joy, laughter, and family traditions—not stress and custody disputes. With careful planning, open communication, and guidance from an experienced attorney, parents can create meaningful holiday experiences for their children even after divorce.
At Eric M. Swinyard & Associates, PLLC, we’re here to help families in South Jordan, Salt Lake County, Provo, and Utah County navigate these challenges. Whether you need legal advice, mediation support, or assistance modifying your parenting plan, we’re ready to stand by your side.