each conservator is ordered ti give notice to the person in possession of the child of each occasion that the conservator will be unable to exercise that conservators right of possession for any specified period. Does this mean that since I've given her notice that i am not obligated to give her possession since it is my chosen and specified time with my son
- This is sort of ambiguous, but what it most likely means is that when one person (the conservator) otherwise has a right to possession (either spelled out in the order or designated at a later time) but that person is unable to take possession (something comes up), that person will notify the other one (who actually has possession) of the first's inability to. So for instance, if she has possessory custody over the child, and you designate, say May 1 - May 8 to take possession, but on April 15 you're told you have to go out of the country on business, you will have to give her notice that you're going to be unable to take possession on May 1. This is to give the other side notice that you're not going to be showing up on May 1 (so they don't have to have the child ready, and to make other plans, etc...) The key here is that "consevator" means one person and "the person in possession" means the other (most likely).
In terms of contempt, judges will only hold someone in contempt if they are clearly
violating an unambiguous
order. Now it might be that the judge needs to clarify things, but this is not unambiguous to the extent that you'd be held in contempt, and a plain reading of the order (based upon what you have said) indicates that you can designate the time and places for your visitation
over the summer, and when the 6-8pm provision talks about the other party being "allowed possession" (but not mandating that possession happen nor spelling out the place) then you can certainly do this, under the clear language of the order.
Now the only
chance for contempt that I see is if this decision was made in bad faith. That is, if you made the decision to go on vacation specifically
to interfere with your ex's rights of possession during the birthday, then the court could hold you in contempt. But it would have to find that you acted in bad faith, which I don't think they could show. All you would have to say is that you wanted to take your son on a vacation, either specifically for his birthday, or it just so happened that the vacation fell on his birthday.
My guess is that her attorney is trying to scare you, and that there's next to no chance that the judge will actually hold you in contempt. You can threaten contempt against her if she doesn't make the child available to you pursuant to the clear, unambiguous language of the order, which clearly you're complying with.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!