"Fall Break" & "Thanksgiving Holidays"

[amberlea434]

What is the name of your state (only U.S. law)? TN

My hubby and his ex alternate holidays every year. This year, he'll have their 10yo daughter for the Thanksgiving holiday. Their order reads:

"Parties shall alternate the Thanksgiving holiday, beginning in 2007, with Father having visitation on the day school is dismissed for the holiday and returning by 6:00 p.m. the day before school resumes. Mother shall have the child for Thanksgiving in even numbered years and Father shall have the child in odd numbered years."

That being said, hubby and I were checking out daughter's school calendar for this year and noticed that the "Fall Break" and "Thanksgiving Holidays" have now been split. In the past, it has always read "Thanksgiving Holidays/Fall Break" and I never really paid attention to the terminology, I just figured it was a technical thing. But, daughter has always been out of school for the entire week of Thanksgiving. Now, her calendar is showing the "Fall Break" taking place in October...? Dates are October 19-23. And the "Thanksgiving Holidays" are only 3 days long, November 25-27.

Not really sure why the school decided to switch things up like this, but...does this mean that hubby will only get daughter for those 3 days in November and none of the days in October? Legally, I mean. He's going to try and talk to Mom about getting daughter some of those days in October, but it's very hard to talk her into letting him have additional visitation outside of the CO. Obviously, had hubby known the school was going to separate the holidays, it would have been addressed at their most recent hearing (almost 3 years ago).

What do ya'll think..?

 

[Zigner]

I think the CO is very clear. Hubby gets the child for the Thanksgiving Holiday.

 

[amberlea434]

I think the CO is very clear. Hubby gets the child for the Thanksgiving Holiday.

Right, I understand. I just figured that since those two "holidays" were always together and considered one consecutive holiday, that maybe there might be some kind of legal loophole. Just thought I'd ask.

 

[Zigner]

Right, I understand. I just figured that since those two "holidays" were always together and considered one consecutive holiday, that maybe there might be some kind of legal loophole. Just thought I'd ask.

If the two were meant to be together then the CO would have said "Thanksgiving/Fall Holidays". Since the CO is VERY specific, there really is no loophole.

 

[amberlea434]

If the two were meant to be together then the CO would have said "Thanksgiving/Fall Holidays". Since the CO is VERY specific, there really is no loophole.

Yeah, so really the only thing he could do is change the language in the CO in a future hearing?

 

[mommabearx1]

Yeah, so really the only thing he could do is change the language in the CO in a future hearing?

Or petition to have the CO modify to include Fall Break. I'm going to go out on a limb and ask but have you asked the mom if you can have the fall break the years she has Thanksgiving win/win for each??

 

[amberlea434]

Or petition to have the CO modify to include Fall Break. I'm going to go out on a limb and ask but have you asked the mom if you can have the fall break the years she has Thanksgiving win/win for each??

Well, this is the first year this has happened and it happens to fall on the year that Dad has the Thanksgiving Holiday. I told him he should probably contact the school to see if this is going to be an every year occurence and possibly try to get the language in the CO changed to reflect it. Although they just had a hearing from 3 years ago that just recently got wrapped up. We're still paying his attorney for it. It might be too soon to get another hearing.

 

[haiku]

my kids school never had "fall breaks".

I think your court order is clear, and if you wanted to split this "fall break" legally, you would have to readdress it, in court, separately from the thanksgiving holiday.

barring that, there is no harm in asking about informally working out time over the fall break outside of court, while understanding mom is under no obligation to agree.

 

[amberlea434]

my kids school never had "fall breaks".

Daughter's never did either, until this year. I had to do a double-take when we looked at the calendar, it still doesn't make much sense!

I think your court order is clear, and if you wanted to split this "fall break" legally, you would have to readdress it, in court, separately from the thanksgiving holiday.

I understand. I suggested that to Dad. Would it be too early from the last hearing to request another hearing to hear this issue? That's if we can even afford it, we're still paying off his attorney from the last hearing.

barring that, there is no harm in asking about informally working out time over the fall break outside of court, while understanding mom is under no obligation to agree.

I suggested that to Dad, as well, and I believe he's working on that as we speak.

Thanks for the help everyone.

 

[nextwife]

Daughter's never did either, until this year. I had to do a double-take when we looked at the calendar, it still doesn't make much sense!

WHY doesn't it "make sense"? Does it fall on any days that are holidays for some of the school population? If so, it makes perfect sense. No reason to have to reteach something all over again to all the students that were off school for a given holiday. It's easier to cancel school and teach all the kids together.

My kids also have another fall break (I forgot about this) during the fall Teacher's Convention every year, in October.