visitation language in court order

[bryce's_mom]

What is the name of your state? Florida

Question....this is becoming a problem for my hubby and mom. Mediation agreement is signed and filed in the court as of October. Mom has primary, dad has secondary shared parental.

Visitation Schedule as stated exactly: I'm only posting the portion that pertains to my question.

1. Every other weekend with the Father commencing 8/31/07. The father shall be entitled to exercise one weekend visitation per month in the State of Florida. Other weekend visitations shall be exercised by the Father in the county of the Child's prmiary residence. The father shall be entitled to exercise weekend visitation in Florida on all long weekends in the childs school schedule.

Okay...my question....for this purpose: Mom is denying that dad get the child in Florida this upcoming weekend. This is a long weekend per his school schedule...MLK day...school is out. S-Son was here for his christmas vacation which was the latter part ending on the 8th of January.

He had a similar problem in November. It was dad's Thanksgiving and the child also had fall break. 2x in Florida in that month for long weekend and holiday. Won't be that way next year or this year actually.

All prior orders have this preference in it and never has been a problem before until this passed November. I know how it reads, but what do ya'll think. My feeling is that all long weekends even if more than 1 in a month...all are here.

 

[Bloopy]

Hi! Gonna need a bit more

 

[bryce's_mom]

Sorry I hit enter....I edited.

 

[seniorjudge]

What is the name of your state? Florida

Question....this is becoming a problem for my hubby and mom. Mediation agreement is signed and filed in the court as of October. Mom has primary, dad has secondary shared parental.

Visitation Schedule as stated exactly: I'm only posting the portion that pertains to my question.

1. Every other weekend with the Father commencing 8/31/07. The father shall be entitled to exercise one weekend visitation per month in the State of Florida. Other weekend visitations shall be exercised by the Father in the county of the Child's prmiary residence. The father shall be entitled to exercise weekend visitation in Florida on all long weekends in the childs school schedule.

Okay...my question....for this purpose: Mom is denying that dad get the child in Florida this upcoming weekend. This is a long weekend per his school schedule...MLK day...school is out. S-Son was here for his christmas vacation which was the latter part ending on the 8th of January.

He had a similar problem in November. It was dad's Thanksgiving and the child also had fall break. 2x in Florida in that month for long weekend and holiday. Won't be that way next year or this year actually.

All prior orders have this preference in it and never has been a problem before until this passed November. I know how it reads, but what do ya'll think. My feeling is that all long weekends even if more than 1 in a month...all are here.

What exactly are your questions?

 

[Bloopy]

What is the name of your state? Florida

Question....this is becoming a problem for my hubby and mom. Mediation agreement is signed and filed in the court as of October. Mom has primary, dad has secondary shared parental.

Visitation Schedule as stated exactly: I'm only posting the portion that pertains to my question.

1. Every other weekend with the Father commencing 8/31/07. The father shall be entitled to exercise one weekend visitation per month in the State of Florida. Other weekend visitations shall be exercised by the Father in the county of the Child's prmiary residence. The father shall be entitled to exercise weekend visitation in Florida on all long weekends in the childs school schedule.

Okay...my question....for this purpose: Mom is denying that dad get the child in Florida this upcoming weekend. This is a long weekend per his school schedule...MLK day...school is out. S-Son was here for his christmas vacation which was the latter part ending on the 8th of January.

He had a similar problem in November. It was dad's Thanksgiving and the child also had fall break. 2x in Florida in that month for long weekend and holiday. Won't be that way next year or this year actually.

All prior orders have this preference in it and never has been a problem before until this passed November. I know how it reads, but what do ya'll think. My feeling is that all long weekends even if more than 1 in a month...all are here.

Dad get's MLK day. Christams vacation has no bearing. Of that there is no question.

Come February, he should get Presidents Day weekend, if it's a holiday for kiddo. I don't think Dad would get an additional Florida weekend on top of that in Feb.

If Mom refuses, he can file contempt

 

[wileybunch]

I know how it reads, but what do ya'll think. My feeling is that all long weekends even if more than 1 in a month...all are here.

I read it that he gets ALL long weekends and that's in addition to the other stated regular weekend visitations.

 

[bryce's_mom]

Sorry....I'm cooking and reading at the same time.

My questions are:

Does dad get this long weekend in Florida even though he had Christmas break that ran into January?

Do you read it as dad gets all long weekends in Florida even if two long weekends fall in the same month?

Yes, next month the long weekend is from 2/15 until 2/19 in Florida. There is no other long weekend so the other weekend would fall in child's county.

She has sent an email to dad stating that under no circumstance will she be at the drop off location. Dad wants to call attorney tomorrow...she'll be thrilled to be ready when he goes to the meeting place and she isn't there. Meeting place is 3 hours for dad. I told him he needs to still go. Get receipts of where he is with the time and wait an hour.

 

[Bloopy]

Sorry....I'm cooking and reading at the same time.

My questions are:

Does dad get this long weekend in Florida even though he had Christmas break that ran into January?

Yes

Do you read it as dad gets all long weekends in Florida even if two long weekends fall in the same month?

Yes. But I don’t think two long weekends actually happen in a month. There are holidays but that doesn’t make him “lose” a weekend.

Yes, next month the long weekend is from 2/15 until 2/19 in Florida. There is no other long weekend so the other weekend would fall in child's county.

Okay

She has sent an email to dad stating that under no circumstance will she be at the drop off location. Dad wants to call attorney tomorrow...she'll be thrilled to be ready when he goes to the meeting place and she isn't there.

Dad’s attorney should email/contact Mom to remind her that this weekend IS his. Your post makes it sound like Dad and Lawyer would rather nail Mom for contempt than get him his weekend.

Meeting place is 3 hours for dad. I told him he needs to still go. Get receipts of where he is with the time and wait an hour.

Absolutely!

 

[LdiJ]

My interpretation is that dad gets one weekend a month and that it automatically falls on whatever weekend is a long weekend from school.

I would interprete Christmas break as being entirely separate from that....that whatever applies for Christmas Break has nothing to do with January's "long weekend".

 

[IndyDad1on1]

You will have to read your sons orders from the court in full. Look in it to see if it discusses scenarios or states if father exercises a long weekend this shall take prominence of the 1 regular in state visit per month.

If what you posted is pretty much it in regards to this, then my interpretation is as follows.

1) Father shall exercise every other weekend starting 8/31/07
A) Father shall be allowed to exercise one (1) regular weekend visit per month in his state (Florida). All other regular visits shall take place in the county of the Child's primary residence.

2) Father shall exercise weekend visitation in Florida on all long weekends in the childs school schedule.

It looks like it is a 2 part clause in which you choose 1 or 2 based on the situation. Based on what you posted I see no exceptions to the rule.

 

[bryce's_mom]

Sorry, the she will be thrilled, was being sarcastic. She won't be thrilled and dad is tired of court. But a little background...new order had to be put in place because of mom's contempt.

 

[Bloopy]

It comes from thinking literally and not taking a moment to thing logically.

But seriously, put the legal eagle in motion to GET that visitation.

 

[wileybunch]

You will have to read your sons orders from the court in full. Look in it to see if it discusses scenarios or states if father exercises a long weekend this shall take prominence of the 1 regular in state visit per month.

If what you posted is pretty much it in regards to this, then my interpretation is as follows.

1) Father shall exercise every other weekend starting 8/31/07
A) Father shall be allowed to exercise one (1) regular weekend visit per month in his state (Florida). All other regular visits shall take place in the county of the Child's primary residence.

2) Father shall exercise weekend visitation in Florida on all long weekends in the childs school schedule.

It looks like it is a 2 part clause in which you choose 1 or 2 based on the situation. Based on what you posted I see no exceptions to the rule.

I disagree.

Father gets every other weekend. One of those per month is in Florida; other weekend in Child's area. Doesn't mention what to do with 3rd weekend in months that have 5 weekends. We'd have to count back to the starting date of 8/31/07 for the EOW schedule to see where it falls, but if it HAPPENS to fall on MLK weekend, Dad can take that weekend in Florida. But, if his EOW was the weekend before MLK weekend, see below.

Father is also entitled to exercise weekend visitation on all long weekend's in the school schedule. And, those can be in Florida.

Edited to add:
OP, do your weekends start on Friday? If so, 8/31/07 was the first Friday and that means this weekend is "Dad's weekend" as it is, but is also Dad's long weekend.

Why is Mom disputing? Does she dispute it's Dad's weekend at all? Or that he can take child to Florida this weekend? What's to stop Dad from taking child to Florida?

 

[bryce's_mom]

There are no other parts other than the usual every other year for Thanksgiving and Christmas. I too read that the Christmas holiday is completely separate. It just so happens that this year it fell in the same month. Next year it won't.

I'm hoping she will change her mind before Friday...but mom's email to dad very emphatically in bold capital letters, says she won't be there at the drop off point.

Sad....they were getting along.

 

[bryce's_mom]

Bloopy....legal eagle in motion? My brain is fried....