Christmas visitation clarification

[GSTANLFIELD]

Order states (word-for-word):
"The father shall have the child one week during Christmas holidays. In even numbered years the Father shall have the minor child from 6 p.m. on the day school is out until 12 noon on Christmas day and in odd numbered years from 12 noon on Christmas day until 6 p.m. on New Years day. "

Obviously, this year the father gets the child at 12 noon on Christmas day until 6 pm on New years day. The father's regularly scheduled weekend visit falls from Dec. 21-23rd. The mother is arguing that she automatically gets the child during the time opposite of his visitation during the holidays (i.e. from the day school is out until he gets her on Christmas). But the order does not specify that she gets the opposite visitation of the father. Is this to be assumed that the father loses his weekend?

The order does state "except where otherwise provided herein, the holiday visitation takes precedence over regularly scheduled weekend visitation", but again, does not specifically address any visitation for the mother except that she gets her every mother's day, regardless of who's weekend.

I need another attorney's interpretation of this order, or someone who has a similar order. The two parents see this two different ways and travel arrangements have to be made soon. Thanks!

 

[jeanine]

The way I read it, the husband gets the child for Dec21-23 returns child on the 23rd and picks child up again at noon on Xmas and returns on Jan 1. Wife can argue it but it seems pretty clear to me. At least she has Xmas eve and part of Xmas day with the child.

 

[Grandma B]

Very poorly written order. There is no way the dad can have the child for one week if he's returning the child at noon on Christmas Day. In fact, there would probably be very, very few times that school would dismiss early enough that he could have the child a full week the year he returns them on Christmas.

The very fact that he's to have the child for a week should end any squabbling about taking them the 21st and keeping them until noon Christmas. He's getting short-changed even then!

 

[GSTANLFIELD]

yes, but the question here is the mother wants to deny the father his weekend 12/21-23 since he is getting the child at noon on the 25th until jan. 1 (since this is an odd year). The mother is the CP so she has her until school starts back on Jan. 7. He's okay for this year, but next year, he will have less than a full week with the child because school will dismiss on 20th and child will have to be returned to the mother on the 25th. And since his regular weekend will fall within that time, he will actually only be getting two extra days with her above his weekend time.

Should the father retain his regular weekend this year on 12/21-23rd and then pick her back up on the 25th or should it be assumed that the mother automatically gets the opposite of his holiday visitation, which would cause him to forfeit his weekend? (It's confusing)

 

[buka]

The NCP's weekend visitation stands. The visitation order does not apply to the CP because she has custody, not visitation. Dad still gets his weekend AND the extra time after Xmas.

The clause about "except where otherwise provided herein, the holiday visitation takes precedence over regularly scheduled weekend visitation" is meant for a time when say, for example, a holiday falls on a weekend when the kids should be with dad, except it's not his year to have that holiday -- then the kids would go to mom for that holiday even if it interfered with dad's weekend and vice versa. I hope that helps.

 

[smh33]

Order not poor, pretty standard...1.we are adults and parents.life cannot be fully defined in any agreement. We are expected to compromise on the minor details not specific for benefit of our child. The order is a guideline, fallback ensuring a set standard of consistancy for the child. It does not mean p/up,d/off times can't be changed,weekends switched,extra visit time allowed by mutual agreement.
Schools vary..public,private,by state,city irrelevant. Get a calender, holidays move so every year your time will vary .Does order say 1 wk begin/commencing 6pm last schl dy? Means 1 week or less, which ever case starting lst sch...If year time is less than week, courts expect as adults we should be able to work it out fairly. Too bad not that way.
Visitation set is specifc and has start date. if every other weekend...apply to calander first. Order states holiday takes priority..now assign holidays over set schedule..thats your order. No matter how you work it, both sides end up with consecutive weekends at some time. Timeline, what happens first takes priority...your weekend, ex has to forfeit...can't demand compensation for time not lost yet.
Just decide...follow set schedule,no change with holiday forfeits or switch every other weekend..works out same, both end up with consecutive weekends at some point. Just pick one, stick with it..enjoy the extras and endure the periods of less time.

 

[Clarissa]

i worked for a lawyer for over 5 years and i did a lot of seperation and divorce papers. from what i understood then was that because of the order stating "except where otherwise provided herein, the holiday visitation takes precedence over regularly scheduled weekend visitation", on holidays it follows what the holiday visitaion is and cancels out the regular schedule. it also states that he has to return the child by 6:00 p.m. on New Year day and that you are supposed to have the child after that for the holicays. i'm not sure what your state does on these matters, but i believe divorces and such are pretty standard.

i would try calling the family court and see if someone there can interpret it for you or your lawyer. some lawyers will let you know this information without charging you.

hope this helps