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Interpretation needed

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casa

Senior Member
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?
Holidays typically supercede 'normal' schedule. Which would mean that kiddo went back to Dad this week, and then this holiday weekend you have kiddo.

My 2c. But that doesn't mean X will listen. :cool:
 


TinkerBelleLuvr

Senior Member
Holidays take precedence.

The one-week is to get school stuff, get in the routine etc.

Can we send him to Antartica in a leaky boat, with chum attached to the boat? Looks like he reads court orders as well as my X.

Go to the pickup. He fails to show, then file for contempt AGAIN. Then ask for a choice weekend ... like Xmas or Thanksgiving. :D
 

Zephyr

Senior Member
Holidays take precedence.

The one-week is to get school stuff, get in the routine etc.

Can we send him to Antartica in a leaky boat, with chum attached to the boat? Looks like he reads court orders as well as my X.

Go to the pickup. He fails to show, then file for contempt AGAIN. Then ask for a choice weekend ... like Xmas or Thanksgiving. :D
The only holidays we have specified are Thanksgiving, Christmas, Easter, Mother's/Father's Day. Everything else falls where it falls.
 

CJane

Senior Member
Don't holidays only supercede if they're specifically addressed in the order?

I mean, you can't not mention Labor Day at all in the order and then say "Hey, LD supercedes regular visitation!"
 

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