visitation language in court order

[wileybunch]

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.

We have 2 this month -- MLK (with Monday off) then the following weekend with staff dev day on Friday/no school.

 

[Bloopy]

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.

What are you saying? That MLK could be a bonus weekend? So if the weekends before and after MLK were his, he'd still get MLK in addition for a total of 3 weekends in a row?

I read one weekend a month in Florida. If there's a 3-day weekend, pick that one for Florida.

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.

 

[IndyDad1on1]

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?

I know its been a long day but I think we do agree. In laymen's terms father can have more than 1 Florida visit based on clause 1 or 2. Isn't that what your saying too?

 

[Bloopy]

We have 2 this month -- MLK (with Monday off) then the following weekend with staff dev day on Friday/no school.

Very cool.

In THAT case, Dad would get both weekends in Florida.

I was thinking strictly holidays. Comes from thinking literally and not thinking logically.

 

[bryce's_mom]

I disagree.

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?

Yes, they start on Friday, unless the long weekend or holiday fall on a different day then it is the day school recesses at 5pm.

Mom is disputing that dad already had his Florida visit. Same thing happened in November, yet then because she didn't realize it was dad's thanksgiving, tried to say dad had to spend thanksgiving in child's county. She came to here senses by the holiday.

So yes, she is disputing the FL visit. And no, nothing is stopping dad from getting child in childs county other than that the child lives 6hours away and is stated in the order the drop off and pick up location. So a round trip may be in order...what do you think?

 

[Bloopy]

So a round trip may be in order...what do you think?

Yep.

What you are really fighting about is travel. Mom doesn't want to drive three hours again.

I guess he could use the three-hour spot for the return as a sneaky compromise.

I always opt to be the adult; all that really matters is getting to see kiddo. I’d drive 6 hours after mom confirms her refusal in writing. Then I’d file for contempt or to clean up the language of the order that Mom must transport even if it happens more than once in a weekend.

Who created the distance. Mom or Dad?

 

[ConcerndStepmom]

Florida here also ... this weekend in our county is a 4 day weekend.. friday ( teacher work day- end of this 9 weeks) and Monday (MLK).

From what you have posted I take it as Dad getting the long weekends in addition to his regular one weekend a month.

I'd show up and if Mom doesn't of course document, get a police report and then of course if it continues file contempt.

Who created the distance if the driving seems to be the issue?

 

[JBMD]

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.

HOw is mom interpreting the order?

If she's saying that Dad only gets one weekend a month in FL then what is the point of saying that all longs weekends can be in Florida (it's be like saying all non long weekends have to be in XX, whereever they live). There's be no point to the added verbage!!

 

[IndyDad1on1]

Yep.

What you are really fighting about is travel. Mom doesn't want to drive three hours again.

I guess he could use the three-hour spot for the return as a sneaky compromise.

I always opt to be the adult; all that really matters is getting to see kiddo. I’d drive 6 hours after mom confirms her refusal in writing. Then I’d file for contempt or to clean up the language of the order that Mom must transport even if it happens more than once in a weekend.

Agreed.

As this was drafted in the mediation process it has a loop hole in it.

Can your son for this weekend only visit bear the expense of driving both to pick up and drop off?

If so he can state that in writing noting that this is a one time exception in regards to the driving. The agreement states nothing about exceptions when a regular weekend visit in Florida and the an extended weekend falling in the same month.

Since the agreement seems to have a flaw, I would not file contempt but would seek a possible amendment or a re-draft.

 

[bryce's_mom]

Mom created the distance and to compromise dad meets halfway on all Florida visits. Mom lives in Georgia. It is 6 to 6 1/2 hours to her which is where he goes for the other visit.

This why any and all long weekends are stipulated to be in Florida. Dad received over 6 months of make-up visitation in 2006 because of this very problem.

It seems to be rearing its ugly head again. Thanks for all the info. I'll update on Friday evening let you know how it went.

 

[bryce's_mom]

I have a headache. Thank you all for your info....I don't know what he will end up doing. I don't see him driving the whole 12 hours round trip...but he would if he felt that would get her to see things clearly. However, she would still not pick him up at the drop off location. The he would be in contempt for not returning him and that is a whole other ball of wax.

Are emails "the in writing" that are needed for these things. She has never sent an email as such stating clearing that " I WILL NOT BE THERE ON FRIDAY", until now. She states her reasoning, but as I said before, we did this whole thing in November.

Changing we to he....he did this whole thing in November by hisself. I just happened to be lurking around here and he wanted to make sure what everyone thought.

 

[Bloopy]

Mom created the distance and to compromise dad meets halfway on all Florida visits. Mom lives in Georgia. It is 6 to 6 1/2 hours to her which is where he goes for the other visit.

This why any and all long weekends are stipulated to be in Florida. Dad received over 6 months of make-up visitation in 2006 because of this very problem.

It seems to be rearing its ugly head again. Thanks for all the info. I'll update on Friday evening let you know how it went.

How was that a compromise?

The diving part needs to be stipulated.

 

[IndyDad1on1]

Emails can be considered in writing. The best thing to do is let him talk to his attorney and see what the attorney thinks. The attorney can assert your sons rights to her or her attorney.

 

[wileybunch]

Mom created the distance and to compromise dad meets halfway on all Florida visits. Mom lives in Georgia. It is 6 to 6 1/2 hours to her which is where he goes for the other visit.

This why any and all long weekends are stipulated to be in Florida. Dad received over 6 months of make-up visitation in 2006 because of this very problem.

It seems to be rearing its ugly head again. Thanks for all the info. I'll update on Friday evening let you know how it went.

He should do what it sounds like he already is -- make it clear that she is violating the provision in his order for all long school weekends to be in Florida and that he will see the child no matter what, but if that it turns out that he goes to GA to see him, so be it, but that she is clearly violating the CO and he will not stand for it.

It would be different if Mom pleaded her case about being tired, not up to another trip, etc. and especially if it was Dad that created the distance, but it was Mom that did and she's just recently gotten punished for contempt so she's not treading very well.

 

[Bloopy]

Mom created the distance and to compromise dad meets halfway on all Florida visits. Mom lives in Georgia. It is 6 to 6 1/2 hours to her which is where he goes for the other visit.

This why any and all long weekends are stipulated to be in Florida. Dad received over 6 months of make-up visitation in 2006 because of this very problem.

It seems to be rearing its ugly head again. Thanks for all the info. I'll update on Friday evening let you know how it went.

How was that a compromise?

The driving part needs to be stipulated.