Family Law Questions? Ask a Family Lawyer Online.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
The court's order specifically indicates that each parent may have two non-consecutive weeks of vacation with your child(ren)? Does it otherwise restrict this vacation time?
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The order states: "Each parent is entitled to two (2), seven (7) day periods of uninterrupted vacation during the summer break upon thirty (30) days written notice to each other. The mother's seven day periods shall not include the week containing June 28th and the fathers seven day period shall not include the week of August 22nd. This is in order so that each parent shall have time with the child close to their birthday during normal visitation."
To explain further. She requested Aug. 9 to Aug. 16.
My days would have normally been Aug. 9, 10, 11 and 12 until 6 p.m. I would get him back on Aug. 21 at 6 p.m. However, she schedule her second week of vacation to begin on Aug. 21 and end on Aug. 28.
I will get for about 48 hours from Aug. 28 until Sept. 4.
If this is confusing give me a call -- eight one four seven nine zero two nine nine four.
Hello again, David, and thank you very much for providing this additional information.The language of the decree appears to permit her to make this request since she is taking her days plus two non-consecutive weeks during the summer and does not include the week reserved to you. However, the intent of the decree, in making the weeks non-consecutive, appears to involve an attempt to avoid either parent from having the children for a long block of time, which would occur here if she exercises her visitation in this matter. So even though it may not violate the plain language of the decree, it does appear to violate the spirit and intent of the order.On that basis you could seek a modification of the decree from the court, including language prohibiting either parent from having the children for more than a certain number of days in a month total so this can be avoided in the future. Or you could request that she agree to mediation so you can attempt to come to an agreement that is more satisfactory for both of you.
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