What Happens If Weather Prevents Child Contact Handovers?
Storms, flooding, and other severe weather events can make contact handovers scary, unsafe and even impossible. When roads are closed or travel is dangerous, many parents are left wondering “what does the Court Order require us to do?”
I have made a list to assist:-
1. Safety First
The Court will expect the parents to put the child’s safety above a Court Order if weather conditions make travel unsafe. Therefore, it is generally reasonable to delay the handover.
This does not however include “inconvenient” weather (usual rain, cold temperatures, light snow). Truly dangerous conditions (travel bans, closed roads, severe flooding and storm warnings).
If you’re a parent who is unsure, ask yourself:-
- Are the schools closed?
- Has local government issued travel advisories?
- Are roads officially shut down?
- Would a reasonable parent consider travel unsafe?
Judges typically apply a “reasonable parent” standard when reviewing disputes.
2. Follow the Court Order (If it addresses weather)
Some parenting plans include a clause about:
- Weather-related cancellations;
- Make-up parenting time;
- Emergency conditions.
If your Order includes specific instructions, follow them. If not, you’ll need to rely on cooperation and documentation.
3. Communicate immediately and in writing
If weather prevents the exchange:
- Notify the other parent as soon as possible;
- Keep communication calm and child-focused;
- Use written communication (text, email, parenting app) to document the situation;
- Propose a make-up date right away.
I.e “Due to the road closure and winter storm warning, I don’t believe it’s safe to travel today. I’d like to reschedule this weekend’s time for next Friday.”
4. Make-up time could include:
- Adding a day to the next visit;
- Extending an upcoming weekend;
- Adjusting a holiday schedule;
- Flexibility reduces the risk of contempt allegations.
As long as both parents agree to something outside of the Court Order, then this can go ahead.
5. Avoid Using Weather as an Excuse
Repeated “weather-related” cancellations without clear safety concerns may raise red flags. Courts do not look kindly on parents who use external events to interfere with the other parent’s time.
6. What If the Other Parent Refuses to Cooperate?
If one parent:
- Insists on dangerous travel, or
- Refuses reasonable make-up time,
You may need to:
- Consult a family law specialist at Newnham and Jordan;
- Request clarification or modification of the Order;
- Seek mediation and possibly Court intervention if the issue becomes a pattern;
7. Consider Adding a Weather Clause to Your Parenting Plan
To avoid future disputes, consider modifying your parenting plan to include:
- A definition of severe weather;
- A make-up time process;
- Alternative exchange locations;
- Virtual visitation options during delays;
- Planning ahead reduces stress for both parents—and children.
