Urgent Family Vacation Question

[lamommy]

What is the name of your state? CA

I would like to have my daughter with me during spring break for a family trip. Historically CP & I have shared this time 50/50 (1week each). This was not court ordered but something which we have done for the past few years. This year my daughter is off for 1 week and CP decided that the time will not be split equally this year. I had assumed we woudl split the time as always and so did not give 30days notice of the trip. Do I have any legal grounds here should CP refuse?

[Ohiogal]

Not necessarily. Depends on what the court order says regarding vacations, notice and spring break -- any and all of that information is important.

[lamommy]

The current order does not say anything with regards to Spring break. It also does not state anything about how much notice is required.

[BelizeBreeze]

Originally Posted by lamommy

The current order does not say anything with regards to Spring break. It also does not state anything about how much notice is required.

Then plan on going on vacation without the daughter.

[lamommy]

Ah well thanks for the advice.

[acmb05]

Originally Posted by lamommy

The current order does not say anything with regards to Spring break. It also does not state anything about how much notice is required.

But does it say anything about extended breaks from school? Just because Spring Break is not specifically mentioned does not mean it is not part of his time.

What does the visitation order say specifically regarding extended times off from school?

Does it state that you split holidays, or extended times off? Does it state that holidays and such are alternated?

[BelizeBreeze]

Originally Posted by acmb05

But does it say anything about extended breaks from school? Just because Spring Break is not specifically mentioned does not mean it is not part of his time.

What does the visitation order say specifically regarding extended times off from school?

Does it state that you split holidays, or extended times off? Does it state that holidays and such are alternated?

Even if the order states specifically "Holidays" the court would be required to define what it meant by the generic "Holidays" and that won't happen by the time the trip is planned.

[lamommy]

The order does not go in a lot of detail and only covers christmas and summer breaks. It does not go into specifics about how much notice is required for family vacations. We are travelling within the state. By the time we leave it will be 24days notice. We have always just agreed between ourseleves to split spring break 50/50 and have adhered to that for 4/5 years now. Had I known CP would not comply this year I would have given 30days notice.

[Ohiogal]

Originally Posted by lamommy

The order does not go in a lot of detail and only covers christmas and summer breaks. It does not go into specifics about how much notice is required for family vacations. We are travelling within the state. By the time we leave it will be 24days notice. We have always just agreed between ourseleves to split spring break 50/50 and have adhered to that for 4/5 years now. Had I known CP would not comply this year I would have given 30days notice.

Then you should have done that because BB is correct -- CP has the child and you cannot just swoop in and take the child against the court order. If it is not specified in the court order you are not guaranteed it.