What is the name of your state (only U.S. law)? North Carolina
In the visitation agreement filed with court system, it states that I get five extra days during the year when a teacher workday or holiday falls on the day beginning or ending on my weekend. (see paragraph c below).
My exwife who has primary physical custoday of our son is saying that I can't have my son on these extra days because they have plans. Who has say in this? If I let her know before the 60 days can she still refuse? I also let her know well in advace of the 60 days for vacations weeks.. but she still has said no to some weeks. Can she do this?
For the past 4 years since agreement has been in effect, i have yet to get the 5 days.
Agreement states...
a. Every other weekend from 6:00 p.m. on Friday, until 6:00 p.m. on Sunday.
b. Every Wednesday, from 5:30 p.m. until 8:00 p.m. with 48 hours notice to Plaintiff if Defendant is not going to exercise the visitation, and said visitation to occur in Rowan County.
c. The Defendant may have up to five (5) additional days of visitation during the school year only if there is a school holiday falling on the Friday or Monday immediately before or after the Defendant’s regular weekend visitation as set forth in subparagraph (a) above. The parties acknowledge that in any given year, there may be less than five(5) days which meet the above criteria. The parties further acknowledge that these days must be used within a calendar year and will not accumulate from year to year.
d. Beginning in 2007, three (3) non-consecutive weeks during summer vacation with the Defendant’s normal weekend visitation being at the beginning or end of these three weeks. Defendant shall provide Plaintiff at least sixty (60) days notice of his requested weeks.
In the visitation agreement filed with court system, it states that I get five extra days during the year when a teacher workday or holiday falls on the day beginning or ending on my weekend. (see paragraph c below).
My exwife who has primary physical custoday of our son is saying that I can't have my son on these extra days because they have plans. Who has say in this? If I let her know before the 60 days can she still refuse? I also let her know well in advace of the 60 days for vacations weeks.. but she still has said no to some weeks. Can she do this?
For the past 4 years since agreement has been in effect, i have yet to get the 5 days.
Agreement states...
a. Every other weekend from 6:00 p.m. on Friday, until 6:00 p.m. on Sunday.
b. Every Wednesday, from 5:30 p.m. until 8:00 p.m. with 48 hours notice to Plaintiff if Defendant is not going to exercise the visitation, and said visitation to occur in Rowan County.
c. The Defendant may have up to five (5) additional days of visitation during the school year only if there is a school holiday falling on the Friday or Monday immediately before or after the Defendant’s regular weekend visitation as set forth in subparagraph (a) above. The parties acknowledge that in any given year, there may be less than five(5) days which meet the above criteria. The parties further acknowledge that these days must be used within a calendar year and will not accumulate from year to year.
d. Beginning in 2007, three (3) non-consecutive weeks during summer vacation with the Defendant’s normal weekend visitation being at the beginning or end of these three weeks. Defendant shall provide Plaintiff at least sixty (60) days notice of his requested weeks.
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