Help Understand the Visitation Schedule

[NotAnAttorney]

What is the name of your state? AR

Can someone please offer clarification on this please? Summer Visitation clause states "The custodial parent parent shall have 15 days for extended summer vacation each year, commencing on June 15 and running for 15 consecutive days. During that two-week summer visitation period, the non-custodial parent's normal visitation will be suspended." Father's Day is listed under Special Visitation and states "Father shall have visitation on each Father's Day weekend and Mother shall the same visitation on each Mother's Day weekend, commencing at 6:00 p.m. on Friday until 8:00 p.m. on Sunday." Father's Day weekend in on June 16 - 18 this year. My husband's EOW should fall on June 30, pick-up time is "upon dismissal from school/day care" and during the summer, we typically pick him up at 3:00 p.m. although nothing is specified in the schedule about pick-up time on days out of school. He's not in day care.

Questions:
1) Since Father's Day is a "Special Visitation" and not a "Regular Visitation", that does mean that my husband still gets his Father's Day visitation, doesn't it? This is the first year there has been an issue over it.

2) Assuming he is still supposed to have his Father's Day visitation, even though it falls on his regular EOW, should he pick him up at 6:00 p.m. according to the Special Visitation schedule?

3) On the Summer Vacation for the Custodial Parent, it does not list times for her, but on my husband's summer visitation, it does list times... 9:00 a.m. to 6:00 p.m. So, would hers be the same, meaning that my husband can pick his son up for his EOW on June 30 at 6:00 p.m.? Or are we even counting the days right? 15th + 15days = 30th, right?

 

[BL]

What is the name of your state? AR

Can someone please offer clarification on this please? Summer Visitation clause states "The custodial parent parent shall have 15 days for extended summer vacation each year, commencing on June 15 and running for 15 consecutive days. During that two-week summer visitation period, the non-custodial parent's normal visitation will be suspended." Father's Day is listed under Special Visitation and states "Father shall have visitation on each Father's Day weekend and Mother shall the same visitation on each Mother's Day weekend, commencing at 6:00 p.m. on Friday until 8:00 p.m. on Sunday." Father's Day weekend in on June 16 - 18 this year. My husband's EOW should fall on June 30, pick-up time is "upon dismissal from school/day care" and during the summer, we typically pick him up at 3:00 p.m. although nothing is specified in the schedule about pick-up time on days out of school. He's not in day care.

Questions:
1) Since Father's Day is a "Special Visitation" and not a "Regular Visitation", that does mean that my husband still gets his Father's Day visitation, doesn't it? This is the first year there has been an issue over it.

2) Assuming he is still supposed to have his Father's Day visitation, even though it falls on his regular EOW, should he pick him up at 6:00 p.m. according to the Special Visitation schedule?

3) On the Summer Vacation for the Custodial Parent, it does not list times for her, but on my husband's summer visitation, it does list times... 9:00 a.m. to 6:00 p.m. So, would hers be the same, meaning that my husband can pick his son up for his EOW on June 30 at 6:00 p.m.? Or are we even counting the days right? 15th + 15days = 30th, right?

The only thing I can suggest is contact the NCP and try working it out that they pick up the child(ren) on the evening of the 18th for 15 consecutive days .

You follow the same time frames .

 

[NotAnAttorney]

I'm sorry, I should have clarified more. My husband is NCP. I am only step-mom... typing the questions for my husband. There haven't been any issues with the visitations since 2004 when he took CP back for contempt on denied visits.

This is all coming about now because he is being told by CP that he doesn't get Father's Day or his June 30th weekend because it falls in her Summer Vacation period. My husband has asked me to present this questions for him on here. She will most likely deny the visits, but he knows he has to show up at the appropriate times for her to deny them, otherwise she can defend it by saying he showing up at the wrong time. He will be filing contempt (another thread already started) in the near future. He had not thought he would need to add denied visits to it, though. That was the one thing she had been following in the order.

But, he and I are both a little confused on this situation. And he wants to make sure that he shows up at the appropriate times. Sometimes this schedule can be confusing.

 

[BL]

Holiday visits , Etc . are usually enforceable , however the way the order is written , there is a conflict it seems . It would be nice if the 2 Parents could work it out where DAD has his Fathers Day , then the other take their 15 consecutive days .

In order for contempt to occur there has to be an order understood , and clearly and willfully violated .

The way this order is written , I can't see contempt if He's denied Fathers Day .

If It's denied , then he'll Just have to make up for it with the Child(ren) .

You are correct though , It's not a " normal " visit , and He should request and show up for it , but not get bent out of shape , if he doesn't get it .

The order should have been written in way to cover such conflicts .

 

[heartwood]

What is the name of your state? AR

Can someone please offer clarification on this please? Summer Visitation clause states "The custodial parent parent shall have 15 days for extended summer vacation each year, commencing on June 15 and running for 15 consecutive days. During that two-week summer visitation period, the non-custodial parent's normal visitation will be suspended." Father's Day is listed under Special Visitation and states "Father shall have visitation on each Father's Day weekend and Mother shall the same visitation on each Mother's Day weekend, commencing at 6:00 p.m. on Friday until 8:00 p.m. on Sunday." Father's Day weekend in on June 16 - 18 this year. My husband's EOW should fall on June 30, pick-up time is "upon dismissal from school/day care" and during the summer, we typically pick him up at 3:00 p.m. although nothing is specified in the schedule about pick-up time on days out of school. He's not in day care.

Questions:
1) Since Father's Day is a "Special Visitation" and not a "Regular Visitation", that does mean that my husband still gets his Father's Day visitation, doesn't it? This is the first year there has been an issue over it.

2) Assuming he is still supposed to have his Father's Day visitation, even though it falls on his regular EOW, should he pick him up at 6:00 p.m. according to the Special Visitation schedule?

3) On the Summer Vacation for the Custodial Parent, it does not list times for her, but on my husband's summer visitation, it does list times... 9:00 a.m. to 6:00 p.m. So, would hers be the same, meaning that my husband can pick his son up for his EOW on June 30 at 6:00 p.m.? Or are we even counting the days right? 15th + 15days = 30th, right?

so - you will have the children from June 15th through June 30th (which covers Father's Day as well), correct?
Just a suggestion... Could the EOW rotation then be bumped for the rest of the summer? So then the weekends you would have the kids would be July 7 - 9, July 21 - 23, etc. Then mom wouldn't miss three weekends in a row.

 

[ceara19]

Holiday visits , Etc . are usually enforceable , however the way the order is written , there is a conflict it seems . It would be nice if the 2 Parents could work it out where DAD has his Fathers Day , then the other take their 15 consecutive days .

In order for contempt to occur there has to be an order understood , and clearly and willfully violated .

The way this order is written , I can't see contempt if He's denied Fathers Day .

If It's denied , then he'll Just have to make up for it with the Child(ren) .

You are correct though , It's not a " normal " visit , and He should request and show up for it , but not get bent out of shape , if he doesn't get it .

The order should have been written in way to cover such conflicts .

I could see a judge ruling that denying dad father's day weekend is contempt. Especially considering they were in court not too long ago because mom was denying dad's visitation.

The order clearly states that dad gets the child for the father's day weekend and that father's day weekend is "special visitation". The order only states that dad's NORMAL visitation is suspended during this time.

 

[LdiJ]

I could see a judge ruling that denying dad father's day weekend is contempt. Especially considering they were in court not too long ago because mom was denying dad's visitation.

The order clearly states that dad gets the child for the father's day weekend and that father's day weekend is "special visitation". The order only states that dad's NORMAL visitation is suspended during this time.

I think that someone dropped the ball when the order was written. It my opinion there is a huge contradiction.

The way the order reads I think that the clear intent was for mom to have 15 uninterrupted days to take a vacation. However, with father's day being the third Sunday in June that would never be possible, because father's day would always disrupt the 15 days.

The fair thing would be for the parents to agree that mom gets from the evening of father's day, on for 15 days of uninterrupted time.....as has already been suggested.

 

[NotAnAttorney]

The problem with that is that Dad's Summer Visitation is always July 1 - 15 and August 1 - 15 every year. Starting Mom's later would mess up Dad's. It really is a messed up schedule! Dad has tried to get Mom to agree to let him have HIS summer visitation every year from June 15 - June 30 (or June 10 - 25) and again from July 10 - 25, then let her choose her 15 days from any other time during the summer school break that she wants. This way, his would always include Father's Day instead of Father's Day interrupting her Summer Vacation time every year (but instead, she decided that he just doesn't get Father's Day at all... ever because it does always fall during her time.) And it also eliminates the fact that the Independence Day visitation interferes with Dad's summer visitation every other year. And also, Dad's job only allows him to take his vacation between the 10th and 25th of any given month because of the nature of his job. But Mom won't agree to the changes, although the schedule states that "Unless otherwise agreed upon by the parties".

 

[NotAnAttorney]

I sometimes wish I could type up a new visitation schedule for them... but it's not my place and even if it was and it was all acceptable, the Court's wouldn't accept it without both parents agreeing! But seriously, I could type up a clearer and more reasonable visitation schedule without the contradictions and practically the same guidelines in it!

 

[Ohiogal]

How does mom justify getting fourth of july every other year and denying dad father's day? What is good for the goose is good for the gander.

 

[NotAnAttorney]

I hadn't thought about that, he didn't even question it... but he wouldn't deny her fourth of July, and usually even gives her extra time for fourth of July because the guidelines only allows from 9:00a.m. until 9:00 p.m. and it's just starting to get dark at 9:00 p.m. when it's time to set off fireworks so he allows her to bring him back the next morning. She celebrates that much heavier than we do and his son would be the one missing out and getting hurt more than anything, not her and he won't do that, but maybe he should insist that he be back at 9:00 p.m. per the guidelines. He might just wind up having to ask the Judge to clarify the visitation schedule or modify it when he files contempt on the other things. Does that sound more reasonable than filing contempt on missing Father's Day this year? But he should show up at 6:00 p.m. anyway that weekend, just in case, right?