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Diana Mercer

Diana Mercer

Posted: November 11, 2010 12:20 PM

In 22 years of practice as a divorce lawyer and mediator, I've read all the research about what separated and divorced parents ought to do at the holidays, and I've seen what works and what doesn't, and I've used a bit of common sense in advising parents, but I've never heard directly from the children involved.

Kids First: What Kids Want Grown-Ups to Know about Separation and Divorce
(Tower Publishing 2008) compiled feedback from the thousands of children the therapists at the Kids First Center have treated over the years.

I like what they have to say. I also like that it's consistent with what I've read, seen, and suspected, and it's nice to finally know I'm giving the right advice.

Here it is, straight advice from the mouths of babes:

  • Plan ahead. Far ahead. Be really specific with dates and times and narrate what's going to happen. For example, your New Year's explanation might go something like this, "Since it's New Year's Eve we're going to have a special lunch today and then at 4:30 pm you are going to go to Daddy's house where you will spend the night. You and Daddy are going to celebrate New Year's and then after you sleep and have breakfast, you're going to go to Mommy's house and we're going to visit Grandma." It's a little detailed, yes, but kids love to know exactly what's happening.
  • Be willing to change those carefully made plans. Little kids are unpredictable. Roll with the punches.
  • Involve the kids in the plan, but don't give them too much responsibility and power in the decision making. Think of it like Junior Associates and you're the CEO. You want their feedback and input, but they don't make the final decision.
  • Create new traditions. Let's face it, most kids are delighted with the idea of celebrating their birthday twice and making a big deal out of all eight nights of Chanukah as long as you don't make it into a big ugly drama. The Book of New Family Traditions (Running Press 2003) has some great, cheap and creative ways you can expand the holidays and celebrate in two or more homes.

And here's what not to do:

  • No adult meltdowns. Be in control of your emotions while you're with the children. If you can't keep a lid on it, then consider switching the holidays around so that you're not with the children if you can't keep a grip on yourself. Seriously.
  • No amateur private detective work on the other parent's household. Know the least that you need to know to get by, and don't probe the kids or your co-parent for anything more than what you need to know, like what time to pick the children up and where. It's not your business anymore.
  • When kids do volunteer information about the other parent's home, don't over-react. Also don't assume it's true. If something sounds suspicious, like "We get Froot Loops for dinner at mom's house!" say, "Wow, I love Froot Loops. I'm going to talk to your mom about that" and then do. Let the kids know that their parents talk about things like this. You'll be glad that you did when your kids are old enough to start smoking or experimenting with the opposite sex.
  • When kids volunteer information about the other parent's home, don't under-react, either. "I'm glad you had a good time with Daddy's new girlfriend. She seems like a nice lady" acknowledges that it's okay to talk about a potentially controversial topic.
  • No surprises. Christmas Eve services is not the day to introduce your child to your new partner. "You're going to have to change schools because we're moving" is no way to spread holiday cheer. It can wait.
  • Coordinate gifts and consider pitching in to buy a bigger gift, like a bicycle. "This is from Mommy and Daddy" has a nice ring to it. If GI Joe is on this year's list, some accessories or GI pals would make a nice gift in the other parent's home.

Children are pretty wise for not spending too many years on this planet. Their holiday advice is great, and following it will make your holiday season go much more smoothly. So much for law school ... I really did know everything I needed to know as a 5th grader, as it turns out.

 
 
 

Follow Diana Mercer on Twitter: www.twitter.com/@dianamercer

In 22 years of practice as a divorce lawyer and mediator, I've read all the research about what separated and divorced parents ought to do at the holidays, and I've seen what works and what doesn't, a...
In 22 years of practice as a divorce lawyer and mediator, I've read all the research about what separated and divorced parents ought to do at the holidays, and I've seen what works and what doesn't, a...
 
 
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Sharon Zarozny
09:23 AM on 11/22/2010
Thanks Diana, I'll be sharing your post with others! Parenting during the holidays is hard, especially when separation & divorce is still raw. I heard a therapist put it in perspective: What your kids need to be most worried about is how Santa is going to get down the chimney, and nothing else. It's hard and, as a single mom myself, I temper conflict with my ex by saying to myself: "I love my children more than I hate my spouse" ... and I repeat it until I calm myself down.
-Sharon Zarozny, Founder
Brilliant Exits, LLC
www.brilliantexits.com
08:16 AM on 11/14/2010
Teaching my six-year old twins that we could celebrate Christmas (Thanksgiving, Fourth of July) any day we wanted was one of the wisest adaptations made during my divorce 28 years ago. We still use that message at Kids' Turn (San Francisco), a global leader in divorce education programs.

As we approach the 2010 holidays and consider that 50% of all children in the United States are navigating the season between parents, we hope parents will remember to put their children first in their plans. Importantly, any 'out of control' behavior by parents (over spending, over-use of drugs or alcohol, extreme fighting with the Other Parent or Grandparents) frightens children. Calm thoughtful behavior by separated parents will be reflected and appreciated by the kids. And remember, Christmas can occur any day of the year.

Claire N. Barnes, MA
Executive Director
Kids' Turn (San Francisco)
www.kidsturn.org
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
04:19 PM on 11/15/2010
I love this idea! And I'm so glad to hear you implemented it. Back when I was a litigation attorney, I'd suggest this to parents and they'd tell me Christmas was "too important" to dilute that way. But what kid wouldn't want to celebrate Christmas twice? Or go to 2 picnics on 4th of July weekend, not just one? When I was a kid, we celebrated Christmas 3 times---one with cousins and grandparents, and the other with the other set of grandparents, and then at home. We thought it was the greatest thing ever! So why not expand the holidays to include lots of festivities and not put so much importance on one day (which can really lead to disappointment if it doesn't live up to expectations).
07:51 AM on 11/13/2010
Wise words all around, beginning with the idea of hearing from the kids. We were lucky -- my family was a "Christmas Eve" family, hers was a "Christmas morning" family and, for the first four years, we were in the same town. By the time we each had moved and it became a travel-hassle, the kids were pretty used to the situation and able to handle "Christmas with Mom every other year" kinds of arrangements. And, yes, spell out what's going to happen so they aren't left wondering.
10:20 PM on 11/12/2010
Wonderful advice, as one who grew up with the exact opposite then raised my children {co parenting dad} through divorce these are what should be natural instincts, unfortunately this is not always the case. No offence but in most divorces once they hit the legal system the children are screwed and the parents never get to where their children want them to be. I have never heard of a lawyer telling a client they should be a last resort, if there was a stop gap to ensure lawyers were the last resort in conflict resolution maybe more children would have Xmas as you've described.
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
04:24 PM on 11/15/2010
Hi Dave: The good news is that I think more and more lawyers are telling clients that court should be a last resort, but we could always use more collaborative lawyers, settlement-minded lawyers, and mediators. But at least we're making progress. And parents, as clients, can take a more assertive stance with their lawyers, too---remember, you're the employer, and the lawyer is the employee, not the other way around. And if you don't like how the lawyer responds to your requests and questions, maybe it's time to shop around.
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MamaBird62
04:03 PM on 11/12/2010
As an adult child of divorce, with both parents remarried to people with lots of kids and living on opposite coasts, little in my life has been more of a nightmare than holiday plans. We pretty much now don't even attempt to spend any time with relatives for the holidays, and it's a real loss for my own kids. Divorcing parents: show maturity around holiday plans, and give your biological kids first dibs, or at least some consideration, at holiday time (Thanksgiving and Christmas, if that's your thing.) The other 363 can be for your new spouse and their kids, fair enough?
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
04:22 PM on 11/15/2010
Thanks for posting this. I think that the messages from adult children of divorce are really powerful and I wish more was written about it--we have this huge pool of people who can tell you what it's like to be a child during their parents' divorce, so why not learn from their experience?
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
12:57 AM on 11/12/2010
Absolutely right, @CFRMediation. And I can't stress the value of making plans in advance as much as possible. AND, if you're the parenting who's not spending the holiday with your child, make some nice plans for yourself. It's tempting to think, "Oh, a TV dinner will be fine on Thanksgiving" and then Turkey Day arrives and you're all alone and nothing is open....not good. So either way, plan something nice and be nice to yourself. And if by "nice" you mean watching a 3 Stooges marathon, then fine. As long as that's what you'll really enjoy.
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09:28 PM on 11/11/2010
Good points! It all comes down to focusing on the kids' experience and putting our emotions and hurt aside. Sounds so simple but can be one of the most difficult things to do. When it is done right there is no drama and no "thanks". Kids, like adults, seldom notice the absence of something - which means little positive feedback from those whose opinions matter most. But in the end both parents and the children will reap the rewards of the efforts made today.