Winter break visitation of teenager

[cstsmiles]

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

The ruling for this case is the Franklin County Rule 27 for parents traveling over 90 miles away for Ohio. It states that:

Winter Break will be divided in half and alternated annually, by half, between the parents.

The CP wants this winter break visitation to be the days leading up to Christmas until noon on Dec. 25 (Christmas day) or at noon on Dec. 25 until Jan. 2.

The issue is that the 15 year old will have to travel 2 hours in the car on Christmas day. Please note that last year (2009) the NP didn't have visitation rights established and did not have any visitation over Christmas break. Since then, the court has ruled that Rule 27 should be followed. The CP has not been allowing visitation stating that the "child was not wanting to visit with NP" stating that the child should have her wishes taken into consideration.

The question is do you think that this a fair agreement--traveling on Christmas day? What is the NP rights?

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

 

[sometwo]

Lots of families travel on Christmas day visiting. Its not that uncommon and two hours aren't that big a deal. The child is 15 not an infant.

Follow the court order .

 

[CSO286]

Follow the court order .

Ditto. Kind of why it is called a court order and not a suggestion, hint or guideline.

 

[mistoffolees]

Lots of families travel on Christmas day visiting. Its not that uncommon and two hours aren't that big a deal. The child is 15 not an infant.

Follow the court order .

Agreed, however, it might not be as clear cut as OP indicates.

Here is "Franklin County Rule 27" as found by Google.
Local Domestic Rules - Rule 27

1. OP - is this the right state and county?

2. The rule says that each parent gets 1/2 of Winter break - but doesn't define that. I would assume that means from the end of school in December to the start of school in January. OP, what is the last day of school in December and what is the first day in January? Let's start by finding out exactly when the midpoint falls - I'd be surprised if it's on Dec 25.

3. It's actually not a court order in this case - as I read it. There's a little section for distances greater than 90 miles - which I assume is the case because they're talking about 2 hours driving time. If it really is over 90 miles, you have to look at that section which starts out:
" This schedule is merely a guideline for parenting time. It is the parties' responsibility to tailor this schedule as necessary to meet the best interests of their children and their situation before the schedule becomes a court order."

 

[LdiJ]

Agreed, however, it might not be as clear cut as OP indicates.

Here is "Franklin County Rule 27" as found by Google.
Local Domestic Rules - Rule 27

1. OP - is this the right state and county?

2. The rule says that each parent gets 1/2 of Winter break - but doesn't define that. I would assume that means from the end of school in December to the start of school in January. OP, what is the last day of school in December and what is the first day in January? Let's start by finding out exactly when the midpoint falls - I'd be surprised if it's on Dec 25.

3. It's actually not a court order in this case - as I read it. There's a little section for distances greater than 90 miles - which I assume is the case because they're talking about 2 hours driving time. If it really is over 90 miles, you have to look at that section which starts out:
" This schedule is merely a guideline for parenting time. It is the parties' responsibility to tailor this schedule as necessary to meet the best interests of their children and their situation before the schedule becomes a court order."

If they kids get out Friday the 17th of December and go back Monday, January 3rd, the by looking at the calendar it looks to me like Saturday the 25th is exactly the middle point.

 

[SESmama]

That mid-break period could be either Dec 25, Dec 26, Dec 27, or Dec 28. It really depends on what is considered "Winter Break". If it is defined as the day school recesses until the day before school resumes then you are looking at 17 overnights. If it starts on Dec 20 (based on the Franklin County school website) and ends on Dec 31 then you are only looking at 11-12 overnights. I suggest the OP contact the court and see if they can clarify what "Winter Break" means for Frinklin County. This also doesn't take into account that Franklin County does have a couple of year round schools so the school the child(ren) attend would also need to be taken into account.

 

[LdiJ]

That mid-break period could be either Dec 25, Dec 26, Dec 27, or Dec 28. It really depends on what is considered "Winter Break". If it is defined as the day school recesses until the day before school resumes then you are looking at 17 overnights. If it starts on Dec 20 (based on the Franklin County school website) and ends on Dec 31 then you are only looking at 11-12 overnights. I suggest the OP contact the court and see if they can clarify what "Winter Break" means for Frinklin County. This also doesn't take into account that Franklin County does have a couple of year round schools so the school the child(ren) attend would also need to be taken into account.

School systems often post calendars based on the actual days off school rather than the day when the holiday begins.

The 20th is a Monday and the 31st is a Friday. Therefore that calendar isn't taking either the beginning or the ending weekend into consideration. If those weekends are taken into consideration Saturday the 25th is the exact mid-point. If those weekends ARE not taken into consideration, the Saturday the 25th at midnight is the exact mid point.

 

[cstsmiles]

Accordning to the CP winter break begins after school on Friday, Dec. 17 with school resuming on Jan. 3. The CP claims it is 17 days total with winter break ending Monday morning Jan. 4. I never thought of checking the school website for exact winter break dates. Great suggestion!

Yes, the state is Ohio and Franklin County is correct.

 

[mistoffolees]

If they kids get out Friday the 17th of December and go back Monday, January 3rd, the by looking at the calendar it looks to me like Saturday the 25th is exactly the middle point.

OK, OP confirms those dates - I'm going to estimate that school gets out at 3 pm on Dec 17 and resumes at 8 am on Jan 3. That means it's out for 16 days and 17 hours. An hour or so difference on these times wouldn't matter.

Halfway would be 8 days and 8.5 hours - so 11:30 pm on Dec 25, not noon. Now, certainly midnight is an inconvenient time to switch, but it seems to me that if they want to follow the guideline, that the parent who has the first half should have most of Christmas day and deliver the child to the other parent at the end of the day or first thing the following day.

Of course, it would be far better if the two of them could reach an agreement on what's best FOR THE CHILD, at least for Christmas.

 

[LdiJ]

OK, OP confirms those dates - I'm going to estimate that school gets out at 3 pm on Dec 17 and resumes at 8 am on Jan 3. That means it's out for 16 days and 17 hours. An hour or so difference on these times wouldn't matter.

Halfway would be 8 days and 8.5 hours - so 11:30 pm on Dec 25, not noon. Now, certainly midnight is an inconvenient time to switch, but it seems to me that if they want to follow the guideline, that the parent who has the first half should have most of Christmas day and deliver the child to the other parent at the end of the day or first thing the following day.

Of course, it would be far better if the two of them could reach an agreement on what's best FOR THE CHILD, at least for Christmas.

I was going by overnights rather than actual hours. I don't consider the overnight on Sunday the 2nd, to continue to be part of the holiday period. That is a school night. Therefore, noon on Christmas day is really the midpoint if you consider that the night of Sunday the 2nd is a school night. Certainly dad's not going to be delivering the child to school on Monday morning with that distance between homes, he is going to be returning the child Sunday night.

As someone else said, lots of children travel on Christmas Day, and two hours isn't that far. If the parents meet half way, its not that bad at all.

 

[happybug]

If you don't want your son to travel on Christmas Day, why not pick him up the 26th? Or, was it because you didn't want CP to have any portion of Christmas Day?

 

[cstsmiles]

Thank you for all the insights. Happybug, the reason for wanting the child on the 25th this year is due to not having the child last year for Christmas. Court order states alternating every year. Therefore, the NP was requesting Christmas day in order to be able to have the child spend time with the immediate family and the extended family as well as with the NP.

 

[LdiJ]

Thank you for all the insights. To clarify, the CP is requesting a return time of noon on the 25th or a pickup time of noon on the 25th--the choice is up to the NP to choose. The option of having the child the entire day on the 25th and returning on the 26th is not something the CP will consider.

Well, the 25th is the midpoint, therefore legally the CP is in the right on this one. This will not happen every year, because most years the 25th will not be the midpoint.

However, you could aways choose to pick up the child on the 26th, and let the CP have the whole day on the 25th, if you feel that strongly about it.

 

[nextwife]

Wow! That's a long break! My kiddo is done with school 12/22 at 3 pm, and goes back 1/3/11.

 

[LdiJ]

Wow! That's a long break! My kiddo is done with school 12/22 at 3 pm, and goes back 1/3/11.

In my state its always two full weeks. Its the same in a lot of other states as well.