• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mid Winter Break Vacation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

PennyLane

Junior Member
What is the name of your state? MI

My husband is the CP. We are wishing to plan a vacation during the childs break this February. My inlaws and my parents are planning on going with us. As a group, we all wanted to leave on Friday and come home then come home the night before the return to school, 9 days later. This would require that NCP's visitation be altered, it is supposed to be the first Saturday and Sunday, and Wednesday night.

According to the divorce decree, it allows EITHER parent to plan a vacation on the other parents time, and the parent missing time has the right to make it up within 45 days, WHEN A VACATION IS SCHEDULED. Here is my question: this clause is listed under the sub heading of "Summer Vacation", and reads as follows: Planned Vacations: Mid week and weekend timesharing during the summer vacation break shall be modified whenever either parent has specific vacation plans for the child(ren)...The parent missing regularly scheduled timesharing due to vacation plans shall have the righ to make-up the time within 45 days.

Can we interpert that for this School vacation as well, or does this mean we can only take a vacation when school is out for the summer?

Thank you,
Penny
 


stealth2

Under the Radar Member
It specifically says summer - not winter, spring or any other time. Has Dad thought of discussing this with Mom to see if she'd be amenable to switching her w/e and taking an extra midweek evening?
 

PennyLane

Junior Member
He is going to discuss it with her, but it is not likely that she will agree to it.

So, in essence, it means that unless she agrees to changing her time for even the Wednesday night visitation, he could be held in contempt if he denied her the regularly scheduled visitation. That would mean that we would never be able to leave, except in the summer.

That is stinky.
 

stealth2

Under the Radar Member
Pretty much. Stinky or not - that's life. His other option would be to file for a modification that would allow trips over school breaks. I'm actually surprised that they aren't split between the parents already. But it's unlikely he'd be able to do that in time for this Feb's break.
 

PennyLane

Junior Member
All of the holidays are split. This is not considered a holiday. She gets them every other year during Easter, Thanksgiving, etc. This break isn't written into the decree.
 

stealth2

Under the Radar Member
And that surprises me. Because school holidays ARE generally included, and split by the parents.
 

nextwife

Senior Member
How about negotiating? Offering an extra two weeks in the summer as a substitute?
 
Last edited:

PennyLane

Junior Member
An extra two weeks in the summer for missing 34 hours of visitation? I am sure he will offer her the make up time, but it will be the same amount of time.
 
Last edited:

PennyLane

Junior Member
We are going to have to make it seem like it is in her benefit to do this - because even though a vacation in the childs benefit, that doesn't matter. so he will have to do some negotiating. you are right!
 

nextwife

Senior Member
Seems to me that if you want the OP to agree to give up something they are legally entitled to, you should up the ante a bit and offer somewhat more than they'd otherwise get. Spending time with their OP is also in the child's benefit.
 

PennyLane

Junior Member
Trust me when I tell you that my DH goes above and beyond, and it goes very much unrecognized by her. In THIS particular situation, you would think just changing weekends would work. Lets hope it does.

He changed weekends when she got married, to accomodate her wedding. He changed weekends when she wanted to have a shower for a friend. He has done this a number of times to accomodate her. the bummer is that she probably won't do the same for him.

Regardless, uping the ante to 2 weeks for one weekend is a lot, under any circumstance. Especially since it seems they are gone most of the summer as it is.
 

PennyLane

Junior Member
three non consecutive weeks. So it is: home, gone, home, gone, home, gone and then school starts again.

Having them gone every other week seems like a lot for all of us. it is just a break from the norm of the school year. I am sure you all understand.
 

stealth2

Under the Radar Member
LOL Wanna try from Friday after school lets out until Sunday before it starts with one week home in July & August? I'd switch with you in a heartbeat - 3 weeks away is nothing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top