what is considered a weekend

Divorce decree reads he is allowed to visit one weekend per month in childrens hometown.I received a letter stating that since the kids have a staff development day off oct 23rd that he is including that day in his "weekend" There is much more to this story but bottom line is he wishes and does make his own rules as we go along..and I am currently seeking supervised visits court date is Jan 23rd 2001..So my question is this usually visits are friday 6pm to sunday 6pm can I call the cops if not returned to me by then ??

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Frustrated in CA:
[b]Divorce decree reads he is allowed to visit one weekend per month in childrens hometown.I received a letter stating that since the kids have a staff development day off oct 23rd that he is including that day in his "weekend" There is much more to this story but bottom line is he wishes and does make his own rules as we go along..and I am currently seeking supervised visits court date is Jan 23rd 2001..So my question is this usually visits are friday 6pm to sunday 6pm can I call the cops if not returned to me by then ??[/b]<HR></BLOCKQUOTE>

My response:

The Code does not specifically define "Weekend". That definition is left up to the agreeing parties, prior to signing.

Below is a typical excerpt I use for my clients in a prepared Custody Agreement:

"Respondent shall have reasonable visitation rights.

Such reasonable visitation rights are defined as alternate weekends from 6 PM Fridays to 6 PM Sundays commencing the first weekend after April 1, ...., during the first week of school Christmas vacation in ..... from 6 PM on the last day of school until 10 AM on Christmas day, and from 10 AM on Christmas day until 6 PM on the last night before school resumes in ....., and alternating in like manner in years thereafter; during one week of school spring vacation in ....., and in alternate years thereafter; during forty-five consecutive days of the school summer vacation period, commencing not later than one week after the end of the school year or terminating not more than one week before the
commencement of school in the next school year, and Respondent shall notify Petitioner of his election as to such period on or before May 1 of each calendar year."
If your attorney did not have this defined in your Agreement, then you have a bone to pick with your attorney. But, if the child is not returned by 12:01 a.m. on Monday morning, it's safe for you to call the police - - as Monday is not a "weekend" day.

IAAL.

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