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  1. #1
    PennyLane is offline Junior Member
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    Question Mid Winter Break Vacation

    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
  2. #2
    stealth2 is offline Senior Member
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    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?
  3. #3
    PennyLane is offline Junior Member
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    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.
  4. #4
    stealth2 is offline Senior Member
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    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.
  5. #5
    PennyLane is offline Junior Member
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    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.
  6. #6
    stealth2 is offline Senior Member
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    And that surprises me. Because school holidays ARE generally included, and split by the parents.
  7. #7
    nextwife is offline Senior Member
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    How about negotiating? Offering an extra two weeks in the summer as a substitute?
    Last edited by nextwife; 01-22-2004 at 09:27 AM.
  8. #8
    PennyLane is offline Junior Member
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    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 by PennyLane; 01-22-2004 at 09:30 AM.
  9. #9
    PennyLane is offline Junior Member
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    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!
  10. #10
    nextwife is offline Senior Member
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    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.
  11. #11
    PennyLane is offline Junior Member
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    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.
  12. #12
    nextwife is offline Senior Member
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    Not necessarily two weeks. Just a day or two additional may help put her in an agreeable mood.
  13. #13
    stealth2 is offline Senior Member
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    Originally posted by PennyLane
    Especially since it seems they are gone most of the summer as it is.
    Just curious - how much time does she get in the summer?
  14. #14
    PennyLane is offline Junior Member
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    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.
  15. #15
    stealth2 is offline Senior Member
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    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.

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