Can Custody Include Water Safety Lessons in Vacation Planning?

Water safety is an essential consideration for any child who will be participating in water-based activities, especially during vacations that involve swimming, boating, or visiting beaches and water parks. Since water-related accidents can occur quickly and unexpectedly, ensuring that a child is equipped with the proper skills and knowledge to stay safe is vital. In a shared custody arrangement, where the child moves between two homes, including water safety lessons and provisions in the custody agreement or parenting plan can be a proactive way to prioritize the child’s well-being during vacations.

While custody agreements often focus on more significant issues such as visitation schedules, education, and healthcare, they can also address specific safety concerns, including water safety, when the child will be engaging in activities that involve water. By agreeing to provide water safety lessons and training, both parents can ensure that the child is prepared to handle such activities safely, no matter where they are.

1. Can Custody Include Water Safety Lessons?

• Custody and Safety Considerations: Custody agreements typically cover critical aspects like living arrangements, decision-making authority, and visitation schedules. However, they can also include specific provisions related to the child’s safety, particularly when it comes to activities that may pose risks, such as water sports or swimming. If one parent plans to take the child on vacation to a place with significant water-based activities (e.g., a beach resort, lake house, or water park), including water safety lessons as part of the parenting plan can be a reasonable and proactive measure.
• Best Interest of the Child: The child’s best interests are always the primary concern in custody arrangements. Ensuring that a child has the skills and knowledge to stay safe in water aligns with that principle, especially for families with access to pools, lakes, or beaches. If water-based activities are a regular part of family vacations, it’s wise for the parents to agree on taking steps to teach the child water safety beforehand.
• Legal Precedent: While it may not be common for courts to specifically require water safety lessons as part of custody agreements, some judges might order safety courses if there is a concern that the child is exposed to risks, or if there is evidence that one parent regularly takes the child to water-centric vacations. In some cases, courts may encourage parents to have their children undergo swimming lessons or water safety training if the child’s exposure to such activities is significant.

2. Why Include Water Safety Lessons in Custody Agreements?

• Reducing the Risk of Accidents: Drowning is one of the leading causes of death for young children, and even older children can be at risk if they are not well-versed in water safety. Water safety lessons equip children with the skills they need to be cautious and self-aware in water. For families who vacation at the beach, lakes, or resorts, these lessons provide an extra layer of protection and can help prevent potential accidents.
• Consistency Across Households: When children spend time in two separate households, consistency in their upbringing is important for their overall well-being. By including water safety training in the custody agreement, both parents can ensure that the child receives uniform education about how to behave in and around water. This consistency can also help avoid confusion when the child moves between households.
• Peace of Mind for Parents: For parents who plan vacations involving water activities, knowing that the child has received proper training in water safety can offer peace of mind. When both parents agree on the importance of water safety lessons, it ensures that the child is adequately prepared for potentially dangerous situations, making the vacation experience more enjoyable and less stressful.
• Promoting a Shared Responsibility: Including water safety lessons in the custody plan fosters shared responsibility between parents. Both parents will be equally responsible for ensuring the child receives the lessons and is prepared for water-related activities, whether it’s in the pool or at the beach. This can strengthen the co-parenting relationship and demonstrate a mutual commitment to the child’s safety.

3. Structuring Water Safety Provisions in Custody Plans

• Vacation-Specific Guidelines: The custody agreement can specify that water safety lessons are required before any vacation that involves swimming, boating, or other water-based activities. For example, both parents could agree to enroll the child in swimming lessons prior to taking the child on a beach vacation or to a water park.
• Certification or Training Requirements: The agreement might specify that the child should have completed basic water safety training or swimming lessons, particularly if vacations frequently involve activities like snorkeling, boating, or jet skiing. The parents could agree on a recognized certification program, such as Red Cross swimming classes or similar accredited programs, to ensure that the child has received formal water safety training.
• Health and Age Considerations: The child’s age and health should be taken into account when deciding on water safety lessons. For very young children or those with special needs, parents may agree to take additional precautions, such as requiring the use of flotation devices or agreeing on extra supervision during water activities. These specific provisions can be added to the parenting plan to ensure both parents are aligned on the child’s needs.
• Ongoing Water Safety Education: In addition to formal lessons, the parents might agree on reinforcing water safety rules and practices regularly, such as explaining the dangers of swimming in unfamiliar places, the importance of always having an adult present, and how to react in emergency situations. These could be periodic reminders that are part of the child’s education, either at home or before each vacation.

4. Example of Custody Plan Provisions for Water Safety

In a shared custody arrangement, the parents agree to the following provisions for water safety:

• Swimming Lessons: The child will complete swimming lessons at least once a year, starting at age 4. The lessons should be conducted by a certified instructor, such as a Red Cross-trained swimming teacher, and should cover water safety principles, basic swimming strokes, and safe practices in different water environments (e.g., pools, lakes, beaches).
• Vacation-Specific Water Safety Training: Before any vacation involving water-based activities (e.g., beach trips, cruises, water parks), the child will review basic water safety rules and be reminded of the importance of wearing safety gear (like life jackets) when appropriate.
• Parental Collaboration: Both parents will collaborate on ensuring that the child receives water safety lessons and will share the responsibility for taking the child to classes. If one parent plans a vacation that involves water, they will ensure the child is well-prepared beforehand.
• Boating Safety: If the vacation involves boating, the parents will ensure that the child has been trained in basic boating safety, including wearing life jackets, knowing how to swim, and understanding water navigation rules.
• Emergency Plans: Both parents will agree on an emergency plan for any water-related activities, including procedures for contacting emergency services and steps to take in case of an accident, ensuring that both homes are familiar with these procedures.

5. Challenges and Considerations

• Cost of Lessons: Swimming lessons or water safety courses can sometimes be expensive. The parents may need to discuss how to share the costs and decide on the best options for the child’s lessons, particularly if they live in different locations or have differing financial circumstances.
• Consistency and Communication: For water safety lessons to be effective, both parents must communicate openly and consistently about the child’s progress in lessons and their readiness for vacation activities. Regular updates and cooperation are key to ensuring that the child is always prepared.
• Different Vacation Styles: One parent may prefer water-related vacations more than the other, and this could create conflicts regarding the necessity of lessons. A clear agreement about water safety requirements, with flexibility for different types of vacations, will help avoid misunderstandings.

Including water safety lessons in a custody agreement can be a proactive way for parents to ensure the child’s safety and enjoyment during water-based activities. By addressing this matter in advance, parents create a structured plan that protects the child’s well-being while fostering consistency across both homes.