Holidays and school days

[paddywakk]

Why is your wife so determined to prevent the kids from having extra time with their dad?

 

[adjusterjack]

I have to admit, I’d be interested in seeing a source or citation for this. It would make things much more clear.

Call the school admin office. That's the source that counts.

 

[Zigner]

Call the school admin office. That's the source that counts.

I can see dad successfully taking this to court for clarification, along with a request that mom be ordered to pay his attorneys fees.

 

[stealth2]

I can see dad successfully taking this to court for clarification, along with a request that mom be ordered to pay his attorneys fees.

I don’t disagree, but clarification from the school won’t hurt.

 

[zddoodah]

A couple things.

First, to the best of my knowledge, no one who posts here regularly is a family law attorney in Tennessee. In fact, if I'm not mistaken, most (and maybe all) of the responses you've received thus far are from non-lawyers who aren't in Tennessee.

Second, you mentioned that your wife and her ex are fighting over an agreement. So...when they made this agreement, what was their mutual understanding of the term in question. I'm guessing that the term "school free days" was simply thrown into the agreement by one or the other of the parties' lawyers without any discussion whatsoever and that there was no actual meeting of the minds.

What's done is done. I suggest that your wife and her ex come to an agreement about the meaning of this term going forward and that they memorialize that agreement in writing. The alternative, of course, is to spend a bunch of time and money fighting in court over something that should have been handled already.

 

[Zigner]

A couple things.

First, to the best of my knowledge, no one who posts here regularly is a family law attorney in Tennessee. In fact, if I'm not mistaken, most (and maybe all) of the responses you've received thus far are from non-lawyers who aren't in Tennessee.

Second, you mentioned that your wife and her ex are fighting over an agreement. So...when they made this agreement, what was their mutual understanding of the term in question. I'm guessing that the term "school free days" was simply thrown into the agreement by one or the other of the parties' lawyers without any discussion whatsoever and that there was no actual meeting of the minds.

What's done is done. I suggest that your wife and her ex come to an agreement about the meaning of this term going forward and that they memorialize that agreement in writing. The alternative, of course, is to spend a bunch of time and money fighting in court over something that should have been handled already.

It would behoove you to read the thread before responding so you don't end up wasting your time with irrelevant typing. In this case, it was clarified that there is a court order...and that court order was even posted.

 

[tblazertn]

A couple things.

First, to the best of my knowledge, no one who posts here regularly is a family law attorney in Tennessee. In fact, if I'm not mistaken, most (and maybe all) of the responses you've received thus far are from non-lawyers who aren't in Tennessee.

Second, you mentioned that your wife and her ex are fighting over an agreement. So...when they made this agreement, what was their mutual understanding of the term in question. I'm guessing that the term "school free days" was simply thrown into the agreement by one or the other of the parties' lawyers without any discussion whatsoever and that there was no actual meeting of the minds.

What's done is done. I suggest that your wife and her ex come to an agreement about the meaning of this term going forward and that they memorialize that agreement in writing. The alternative, of course, is to spend a bunch of time and money fighting in court over something that should have been handled already.

In Tennessee, the Parenting Plan is a mostly template form provided by the state and has the most common holidays included.
Here's a link

 

[zddoodah]

It would behoove you to read the thread before responding so you don't end up wasting your time with irrelevant typing.

It would behoove you to gain an understanding of legal procedures so you don't waste your time....

In this case, it was clarified that there is a court order...and that court order was even posted.

No, the order was not posted. What you perhaps meant is that the OP quoted part of the order. That's not the same thing as posting the order. Substantively, in family law cases, most orders are based on a mutual agreement made by the spouses/parents. Based on what the OP wrote, the only reasonable conclusion is that the OP's wife and her ex settled their case with what the OP described as a "parenting agreement," that they presented that agreement to the court, and that the court adopted the agreement as an order. That's how it works in most cases and is distinguished from a situation in which the spouses/parents fought and the court imposed an order on them. Thus, my question about their mutual understanding of the term and guess that no such mutual understanding existed were quite reasonable.

In Tennessee, the Parenting Plan is a mostly template form provided by the state and has the most common holidays included.

So...they just took some template and adopted it as an agreement without thinking about what the terms meant. Correct?

 

[stealth2]

I think, @zddoodah , the point was that there is an order, vs simply an “agreement “ as you suggested.

 

[tblazertn]

So...they just took some template and adopted it as an agreement without thinking about what the terms meant. Correct?

She had the agreement done up by her lawyer, he avoided signing the divorce paperwork for a couple of years. I'm sure they did not go over each specific holiday because he was trying to avoid it and only agreed after finally giving up.

 

[tblazertn]

I think, @zddoodah , the point was that there is an order, vs simply an “agreement “ as you suggested.

In all honesty, the paperwork we have does have "agreement" checked and not "order," although it seems to be getting treated as such.

 

[Zigner]

It would behoove you to gain an understanding of legal procedures so you don't waste your time....

Irrelevant insofar as the point I was making is concerned.

No, the order was not posted. What you perhaps meant is that the OP quoted part of the order.

Right - the OP quoted the relevant part of the ORDER. Sorry. GIGO.

That's not the same thing as posting the order. Substantively, in family law cases, most orders are based on a mutual agreement made by the spouses/parents. Based on what the OP wrote, the only reasonable conclusion is that the OP's wife and her ex settled their case with what the OP described as a "parenting agreement," that they presented that agreement to the court, and that the court adopted the agreement as an order. That's how it works in most cases and is distinguished from a situation in which the spouses/parents fought and the court imposed an order on them. Thus, my question about their mutual understanding of the term and guess that no such mutual understanding existed were quite reasonable.

The fact is that, no matter how it was arrived at, it is now a COURT ORDER, so the mention of an agreement by both the OP and you is moot. Sorry. GIGO.

So...they just took some template and adopted it as an agreement without thinking about what the terms meant. Correct?

It was adopted as a COURT ORDER. Sorry. GIGO.

 

[stealth2]

In all honesty, the paperwork we have does have "agreement" checked and not "order," although it seems to be getting treated as such.

Is it signed by a judge?

 

[tblazertn]

Is it signed by a judge?

The copy we have is not, but it's the original signed copy, so I'm sure the actual filed copy at the courthouse is signed, therefore making it an order.

 

[stealth2]

The copy we have is not, but it's the original signed copy, so I'm sure the actual filed copy at the courthouse is signed, therefore making it an order.

Exactly. And honestly? Both Mom and Dad should have certified copies.