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Winter Break visitation

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socaldad13

Junior Member
What is the name of your state (only U.S. law)? California
I have a question regarding my court order. I am the NCP. I have visitation the 1st, 3rd and 5th weekends of the month from Friday 6:00 pm to Sunday 6:00 pm. My court order reads for the winter/xmas holiday schedule: "Holdiday visitation shall take precedence over the regular schedule and shall be as follows Christmas/winter vacation, first part from last day of school (dec 17th ) at 6 pm to Dec 25th at 12 noon to NCP in odd years and to CP in even years. Christmas/winter vacation second part from Dec 25th at 12 noon to January 1st at 6 pm to NCP in even years and to CP in odd years. Any remaning time shall be with the party who had first part of Christmas vacation if they so choose.
So my question is since I have the second part of winter break and it ends on Jan 1st a 12 noon which is a Saturday, wouldn't my normal visitation start after 12 noon Saturday which would technically be my weekend anyways and therefore I could return the child Sunday at 6 pm. This is causing alot of headaches for me and I want to know if I am misinterpreting the order.
 


Perky

Senior Member
What is the name of your state (only U.S. law)? California
I have a question regarding my court order. I am the NCP. I have visitation the 1st, 3rd and 5th weekends of the month from Friday 6:00 pm to Sunday 6:00 pm. My court order reads for the winter/xmas holiday schedule: "Holdiday visitation shall take precedence over the regular schedule and shall be as follows Christmas/winter vacation, first part from last day of school (dec 17th ) at 6 pm to Dec 25th at 12 noon to NCP in odd years and to CP in even years. Christmas/winter vacation second part from Dec 25th at 12 noon to January 1st at 6 pm to NCP in even years and to CP in odd years. Any remaning time shall be with the party who had first part of Christmas vacation if they so choose.
So my question is since I have the second part of winter break and it ends on Jan 1st a 12 noon which is a Saturday, wouldn't my normal visitation start after 12 noon Saturday which would technically be my weekend anyways and therefore I could return the child Sunday at 6 pm. This is causing alot of headaches for me and I want to know if I am misinterpreting the order.
As I read the bolded, your ex gets that time if she wants it.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California
I have a question regarding my court order. I am the NCP. I have visitation the 1st, 3rd and 5th weekends of the month from Friday 6:00 pm to Sunday 6:00 pm. My court order reads for the winter/xmas holiday schedule: "Holdiday visitation shall take precedence over the regular schedule and shall be as follows Christmas/winter vacation, first part from last day of school (dec 17th ) at 6 pm to Dec 25th at 12 noon to NCP in odd years and to CP in even years. Christmas/winter vacation second part from Dec 25th at 12 noon to January 1st at 6 pm to NCP in even years and to CP in odd years. Any remaning time shall be with the party who had first part of Christmas vacation if they so choose.

So my question is since I have the second part of winter break and it ends on Jan 1st a 12 noon which is a Saturday, wouldn't my normal visitation start after 12 noon Saturday which would technically be my weekend anyways and therefore I could return the child Sunday at 6 pm. This is causing alot of headaches for me and I want to know if I am misinterpreting the order.
I believe that the two bolded sections answer your question.

Holiday visitation takes preference over the regular schedule.

The person who had the first half of the break gets any break time remaining after January 1st.

Therefore, if the other parent wants the remainder of the break (Saturday at 12:00 noon until the child goes back to school) then they get it.
 

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