Christmas Vacation!

[rfla_7]

What is the name of your state (only U.S. law)? Florida
My daughter's father is an airline pilot. Our agreement was handled in the state of Florida; however, he has since moved more than a thousand miles away. The agreement for weekend visitation indicates that visitation is contigent upon him providing me with his monthly flight schedule in advance. However, in the paragraph concerning Christmas vacation it stipulates that the father's visitation is contigent upon him having the specific days off during the Christmas holiday break. He has requested her from Christmas Day until January 3rd. I have requested his schedule asking that he assure me that our daughter will be with him during these days and that he has all these days off. He refuses. How should I proceed from here? And what, if any, legal grounds may he have? The paragraph concerning Christmas vacation does not state the same thing as weekend visitation and this is his argument. Since his move up north, he has not exercised weekend visitation. Your advice is greatly appreciated! Thank you.

 

[wileybunch]

What is the reason that clause was put into your order in the first place?
Would Dad be gone overnight if he's working during that time?
Why wouldn't you want your DD to see her Dad?

P.S. You must post the relevant sections of your order verbatim here to get accurate advice. Please locate it and type it word for word here.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
My daughter's father is an airline pilot. Our agreement was handled in the state of Florida; however, he has since moved more than a thousand miles away. The agreement for weekend visitation indicates that visitation is contigent upon him providing me with his monthly flight schedule in advance. However, in the paragraph concerning Christmas vacation it stipulates that the father's visitation is contigent upon him having the specific days off during the Christmas holiday break. He has requested her from Christmas Day until January 3rd. I have requested his schedule asking that he assure me that our daughter will be with him during these days and that he has all these days off. He refuses. How should I proceed from here? And what, if any, legal grounds may he have? The paragraph concerning Christmas vacation does not state the same thing as weekend visitation and this is his argument. Since his move up north, he has not exercised weekend visitation. Your advice is greatly appreciated! Thank you.

We really need to see, word for word, what the order says about Christmas Vacation. Sometimes slight nuances in wording can make a difference.

 

[rfla_7]

Weekend Visitation states:
"Two weekends per month with the mother meeting the father's halfway between her residence and the father's residence. The Mother shall leave her residence to deliver the child at approx. 5pm and should arrive at approx. 7pm. This visitation schedule is dependent upon the father providing to the mother in advance his montly flight schedule."

Christmas states:
"The Father shall have the child from the beginning fo the school break with the mother meeting the Father halfway at approx. at 7pm. The Father shall have the child until Christmas morning December 25th when he will drive the child to meet the mother at 12:00 noon. In odd numbered years, this schedule will be reverse. This is contigent upon the Father's flight schedule, that is, his having the specific days off to spend with the child in the designated years.

Thanksgiving, Christmas, and Spring Break have the clause "This is contigent upon the Father's flight schedule, that is, his having the specific days off to spend with the child in the designated years.
However, for weekend visitation it states that he provide me with a monthly schedule as stated earlier. I just want assurance that he does not have to work. I am not sure if dad has to work. He refuses to give me his schedule. The reason the clause was put in there is because his schedule changes from month to month. It makes it very difficult to plan on my end; therefore, having a schedule would ease this. Your advice is appreciated! Thanks!

 

[gr8rn]

As each clause includes the verbage, "contingent upon the father's flight schedule", it sounds like he needs to provide you with his flight schedule. The fact that he is refusing to provide it, sounds like he is hiding something, like work. What caused this to be put in the verbage in the first place? He obviously wouldn't leave your child alone, correct? So is there someone who watches the child in his absence and are you against this person watching your child?

 

[Ohiogal]

Quite frankly you have to meet him for the visitation HOWEVER you can also file contempt for him not giving you the schedule.

 

[LdiJ]

Quite frankly you have to meet him for the visitation HOWEVER you can also file contempt for him not giving you the schedule.

He is an airline pilot. He gets free/discounted flights for family members. HE won't want to meet half way when its 1000 miles (he recently moved). He would expect her to put the child on a plane.

However, OP, you NEED to take it back to court to get the transportation portion of the orders, at minimum, modified to reflect a long distance situation.