Interpreting visitation: "the entire winter school break period"

[defenderctr]

First of all, I pre-thank anyone who uses their valuable time responding to my question!

I need to buy plane tickets to send the children out for visitation, so knowing what counts and doesn’t as the “entire” break is important as it changes when we fly out and how much it will cost.

Legal Background/Situation:

• Utah is the state in which all child visitation laws are applicable
• My wife and I have full-custody of our children.
• The biological father has default Utah visitation rights
• • We live over 150 miles away from the biological father, so the rules apply to the default relocation Utah visitation rights.
• All children are between the 5-18 as the law’s header defines

Utah Law as it is written:
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Title 30
Chapter 3
Section 37
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(6)
Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time for children 5 to 18 years of age:

(a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:​

(i) Thanksgiving holiday beginning Wednesday until Sunday; and​

(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;​

(b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:​

(i) the entire winter school break period; and​

(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;​

(c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and​

(d) one weekend per month, at the option and expense of the noncustodial parent.​

My question:
As stated in the title, what does it mean when it states, “the entire winter school break period.”?

Notes on wording:​

I’d like to point out that all other holiday visitation is clear as to what day it starts and what day it ends with the most common language being “beginning the last day of school before the holiday until the day before school resumes” However, this one just says “entire” which from what I gather was worded this way because normal visitation law (when you live within 150 miles of each other) has parents getting half of this break each.​

​

The school calendar:​

Here is the link to an image of the school’s holiday calendar: https://photos.app.goo.gl/jmjsdt4ZSd3TdXzJ9​

​

The calendar highlights Christmas Break in green as: 24-28 and 31-4. It doesn’t highlight weekends even in the middle of the actual break. It also notes that Monday the 7th is off as a Teacher In-service. The first time the kids go back to school is on the 8th.​

​

The possible interpretations are:​

​

Starting-​

21st (the last day of class before the break)​

or​

24th (the first day highlighted on the calendar as Christmas Break)​

​

Ending-​

​

4th (the last day highlighted on the calendar as Christmas Break)​

or​

6th (the end of the weekend immediately following what is considered Christmas Break)​

or​

7th (the last day before the kids go back to school)​

Your thoughts?

 

[adjusterjack]

My opinion doesn't count. The opinions of strangers on the internet don't count.

Why are you even asking? Are you and your ex disputing the days? What days do you want to send them? What days does your ex want them?

The answers to those questions are what is going to count.

 

[defenderctr]

adusterjack, thanks for the reply.

Of course I'm well aware that any advice or opinions are NOT the actual law and that similar situations aren't precedent for what happens in our personal situation. I'm asking in an attempt to understand how the law can be interpreted or has been interpreted in similar situations. Either way, it's not my ex, it's my wife's ex, though that information isn't all that important.

"Why are you even asking?"
In the past we have been advised from legal experts to not "give or take" but to simply follow the letter of the law, no more, no less. I'm looking to prepare myself for the discussion with some research on the subject before a dialog happens.

Are you and your ex disputing the days?
As you can deduct from the previous answer, no, we aren't but he tends to purposely make things hard so I'm prepared for it.

"What days do you want to send them?"
None, but of course that's not an option . The least days the better, but only if the law is on our side. 24th-4th would be ideal, but we are flying out before the 21st so that has no bearings on our travel plans, it's just the coming home part that can be an issue both work schedule and expenses wise.

"What days does your ex want them?"
History tells me he wants the exact opposite of course, 21st-7th. I can't imagine him saying he would want less than the entirety the law would allow, and you can't blame him. So, I'm preparing myself first.

 

[LdiJ]

Entire means entire. That includes the weekends.

 

[stealth2]

Are these actually *your* children, or your wife's? (and no, they are not "ours".) Whose names are on the order - yours/your ex's or hers/her ex's?

 

[TheGeekess]

Are these actually *your* children, or your wife's? (and no, they are not "ours".) Whose names are on the order - yours/your ex's or hers/her ex's?

Bet dollars to donuts that this is the Step-father posting, since he refers to "Bio-father" in his post.

 

[HRZ]

In a non legal sense I would read entire in context of time school ends on last day until time school for children begins after vacation ...entire means all.

 

[LdiJ]

In a non legal sense I would read entire in context of time school ends on last day until time school for children begins after vacation ...entire means all.

Since the children have to fly, that literal of a description of "entire" is obviously not going to work. Dad isn't local so he cannot pick them up a school and drop them back off at school on the first day after break, unless dad chooses to fly to mom's community to do so.

However, if there is a flight available at a reasonable hour on the day that school lets off, and one available that gets in at a reasonable hour the Sunday evening before school begins again, that would fit the reasonable definition of "entire".

 

[stealth2]

I would suggest Mom talk to Dad and see what agreement they can come to.

 

[CJane]

I would interpret the order to mean that the children will be surrendered to their father on the day following the release of school, and that they will return on the day the break ends (so in this case, the Sunday). Schools only mark school days as "break periods", because weekends aren't ever going to be school days anyway.

 

[Ohiogal]

I would advise step dad to sit back and shut up because this is NOT his business. He needs to let his wife deal with the father of HER children.

 

[Ohiogal]

And wife should get tickets for December 21 through January 7.

 

[stealth2]

I was always of the mind that, since I had the kids the majority of the time (albeit "work" time), it didn't hurt me to be generous if there were a few extra days with their Dad involved. It eventually comes out in the wash.