Interpretation needed

[Zephyr]

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

Hello everyone- every year my ex and I have this same fight our court order states (to the best of my knowledge from memory)

Kiddo lives with ex during school year and has time with me every other weekend and extended weekends from school

Kiddo lives with me during summer and has time with ex every other weekend and one week at ex's choosing

summer starts the sunday following the last day of school
kiddo is to be returned to ex one week prior to the start of school
school starts the day after labor day


Our fight every year is this:

Labor Day weekend always ends up falling on my weekend in the rotation.
Dad says that is not my weekend ever because it's kiddo's week to get readjusted to "school schedule" (bedtimes/wake up times etc).
Order does not say specifically whose weekend that is.
Order does not say the week prior to school alters, supercedes or otherwise overrides the normal schedule.
Dad claims it's his and the every other weekend schedule would shift and restart from there (this would put my children pretty much not seeing each other at all- don't think that was the intent of the court as that was discussed at length in making the schedule.


So....all that being put out there....am I interpreting wrong that I should indeed have that weekend with my son?

 

[wileybunch]

It would normally be your weekend under which rotation? Summer schedule or school schedule?

Labor Day is part of the summer schedule that is specifically addressed as being your custodial time with other parent having visits UNTIL the last week of summer when the child is supposed to be back with other parent (ostensibly written to get child ready for school) so I don't believe that Labor Day would be your weekend because that's part of the week that was specifically given to the other parent as the week before school starts.

But, I can totally see how this causes constant conflict!!

I'd want to know how the visitation works out for the weeks surrounding this weekend to see the bigger picture.

 

[Zephyr]

It would normally be your weekend under which rotation? Summer schedule or school schedule?

Labor Day is part of the summer schedule that is specifically addressed as being your custodial time with other parent having visits UNTIL the last week of summer when the child is supposed to be back with other parent (ostensibly written to get child ready for school) so I don't believe that Labor Day would be your weekend because that's part of the week that was specifically given to the other parent as the week before school starts.

But, I can totally see how this causes constant conflict!!

I'd want to know how the visitation works out for the weeks surrounding this weekend to see the bigger picture.

Actually both- the weekend schedule never changes, and it works well most of the time- except for this one particular weekend


as far as the weeks surrounding this time....this past weekend was ex's, tomorrow night kiddo goes back to ex, but the coming weekend is mine in the rotation, weekend of sept 12/13/14 is ex's.....

 

[wileybunch]

Actually both- the weekend schedule never changes, and it works well most of the time- except for this one particular weekend


as far as the weeks surrounding this time....this past weekend was ex's, tomorrow night kiddo goes back to ex, but the coming weekend is mine in the rotation, weekend of sept 12/13/14 is ex's.....

When is the "last week of summer" exchange? Is it today? With your ex's POV, who got these weekends?

8/15
8/22
8/29
9/5
9/12

 

[Zephyr]

Ex's POV, these weekends
8/1 me
8/8 ex
8/15 me
8/22 ex
8/29 ex
9/5 ex
9/12 me
9/19 ex


(sorry on that post earlier I skipped the weekend of the fifth)


When is the "last week of summer" exchange?

last day of my summer parenting time is tomorrow night at 8 pm, so kiddo spent the weekend with ex, came to me for 2 days and then goes back to ex "no later than one week prior to the start of school) was the exact wording, and school starts next tuesday

 

[2Mistakes]

Ex's POV, these weekends
8/1 me
8/8 ex
8/15 me
8/22 ex
8/29 ex
9/5 ex
9/12 me
9/19 ex


(sorry on that post earlier I skipped the weekend of the fifth)


When is the "last week of summer" exchange?

last day of my summer parenting time is tomorrow night at 8 pm, so kiddo spent the weekend with ex, came to me for 2 days and then goes back to ex "no later than one week prior to the start of school) was the exact wording, and school starts next tuesday

Ok, why does ex think he gets 3 weekends in a row?

 

[Zephyr]

Ok, why does ex think he gets 3 weekends in a row?

dontcha know- ex's are special...

no- he thinks that week means solid time, I contend that sentence of the order only serves to define the line between summer parenting time and school year parenting time.....and has no effect on the weekend rotation- because it does NOT say anywhere that it alters the weekend rotation- any other situation where the weekend rotation is impacted is clearly defined in our order....

 

[2Mistakes]

dontcha know- ex's are special...

no- he thinks that week means solid time, I contend that sentence of the order only serves to define the line between summer parenting time and school year parenting time.....and has no effect on the weekend rotation- because it does NOT say anywhere that it alters the weekend rotation- any other situation where the weekend rotation is impact is clearly defined in our order....

Yeah, ex's are special. . . . in the short-bus kinda way.

Anyways, I think I'm just having a dumb day. Your situation utterly alludes me.

I wish I could be of some help, Zeph, but my brain is just not working today.

 

[wileybunch]

dontcha know- ex's are special...

no- he thinks that week means solid time, I contend that sentence of the order only serves to define the line between summer parenting time and school year parenting time.....and has no effect on the weekend rotation- because it does NOT say anywhere that it alters the weekend rotation- any other situation where the weekend rotation is impacted is clearly defined in our order....

Given that your weekend rotation is in effect all year, regardless of who has primary custody, then, no, the special last week of summer does not override the regular weekend rotation. That's my take anyway. What happened last year (since you said it comes up every year)? Does he end up "giving" you the weekend? He does understand that gives him 3 weekends in a row, I assume? That's just not reasonable.

 

[CJane]

Well, you already know MY take on it, but I'm in a sharing mood.

TO ME... the 'one week prior to school starting' signals the END of summer, and therefore the end of Kiddo's residing primarily w/you and begins the child primarily residing w/Butthead.

Therefore, the weekend IS yours. ESPECIALLY as there is no provision for it to be skipped, or for that week in its entirety to be spent w/Butthead.

 

[Zephyr]

Given that your weekend rotation is in effect all year, regardless of who has primary custody, then, no, the special last week of summer does not override the regular weekend rotation. That's my take anyway. What happened last year (since you said it comes up every year)? Does he end up "giving" you the weekend? He does understand that gives him 3 weekends in a row, I assume? That's just not reasonable.

What happened last year was that ex waited too long to notify me of his one week of summer vacation time, by the time he did the only time left was that last week, I told him to take that last week so we wouldn't have to fight over the weekend again.

 

[CJane]

What happened last year was that ex waited too long to notify me of his one week of summer vacation time, by the time he did the only time left was that last week, I told him to take that last week so we wouldn't have to fight over the weekend again.

Very nice of you to 'give' him a week of his own time. Did he even figure that out?

 

[Zephyr]

Very nice of you to 'give' him a week of his own time. Did he even figure that out?

ABOUT 6 MONTHS LATER ....but I did give him 3 days of my time

 

[Bloopy]

Um yeah,

I'm gonna agree with the class.

The week is Dad being primary but the weekends are undisturbed.

But in fairness to Dad, I can see an ambiguity in need of clarification into @sshole.

*** What DOES a young boy need to do to spiff himself for school, that Dad considers that weekend sacred anyway? Does Dad have his heart set on father/son acrylic nails and pedicures?

I could understand if there was HUGE travel involved, but you have EOW anyway.

 

[Zephyr]

Um yeah,

I'm gonna agree with the class.

The week is Dad being primary but the weekends are undisturbed.

But in fairness to Dad, I can see an ambiguity in need of clarification into @sshole.

*** What DOES a young boy need to do to spiff himself for school, that Dad considers that weekend sacred anyway? Does Dad have his heart set on father/son acrylic nails and pedicures?

I could understand if there was HUGE travel involved, but you have EOW anyway.

no nothing special....and it would be different if he did have something special going on, I would work with him on it, but no according to him that's his time. And yes, it is vague enough to be interpreted 2 ways and of course we each read to our own benefit, which is why I thought I'd ask.