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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2022
Experience:  Practicing Attorney with 10 years experience
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On August 2 I requested my second week of vacation with my

Customer Question

Good evening,
On August 2 I requested my second week of vacation with my boys to start Sept 2 for a week. School starts August 30 and the weekend of my request is his normal weekend and is through Labor Day weekend. My ex says he spoke with an attorney and he said I cannot have the kids during this time because vacation is only until the kids start school again and also because he would have them for Labor Day since it would have landed on his weekend.
The parenting plan states:
Section 3.6 Vacation with Parents: Each parent shall be entitled up to two weeks, consecutive or non-consecutive, each summer for the purposes of vacation.
-note, this is the first year with this changed section for us. Also, this section is separate than summer vacation and also I responded to a previous email with his concern that the plan is not specific on dates so it can refer to the summer season ending as well (although I am not certain of this).
Additionally, Labor Day is not one of our observed holidays noted in Section 3.7 Holidays, so that is not applicable if I am able to have the boys during my requested time.
My question is whether I can legally have the boys for my second week as requested even though school has started.
Thank you,
Cassy
Washington
Submitted: 7 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 7 months ago.

I am sorry to hear about this situation. I know how stressful it can be. I do not think the court would count this as summer vacation since school would have started.

Expert:  Asad Rahman replied 6 months ago.

If you have no further questions a positive rating would be greatly appreciated.