How to count 7 consecutive day vacation

[csido]

I am a non custodial parent dealing with a very problematic ex. I am wanting to take my children on vacation, and our parenting plan states verbatim:

"Summer: Each parent shall be entitled to one 7-consecutive day period with the minor children each summer for vacation. Each party shall provide notice to the other no less than 30 days before their chosen dates."

I want to vacation with them starting my Friday 8/2 and return them on Sunday 8/11. The way it is worded I am taking my weekend and 7 consecutive days.

She is saying no- that vacation is included in my regularly scheduled time. (Which would only be 5 days).

I thought regular visitation and vacation were two separate entities.

 

[stealth2]

Generally speaking, vacation supercedes the regular schedule. But not knowing the order's originating state...

 

[csido]

Thank you, and the state is Missouri.

 

[Zigner]

Don't start your "Vacation" until Sunday night.

 

[LdiJ]

I am a non custodial parent dealing with a very problematic ex. I am wanting to take my children on vacation, and our parenting plan states verbatim:

"Summer: Each parent shall be entitled to one 7-consecutive day period with the minor children each summer for vacation. Each party shall provide notice to the other no less than 30 days before their chosen dates."

I want to vacation with them starting my Friday 8/2 and return them on Sunday 8/11. The way it is worded I am taking my weekend and 7 consecutive days.

She is saying no- that vacation is included in my regularly scheduled time. (Which would only be 5 days).

I thought regular visitation and vacation were two separate entities.

You are generally expected to NOT take the other parent's weekend when you are taking your 7 days. The order specifically states 7 days, not 9. Would you be happy to lose one of your weekends with the children when she takes her vacation?

If mom is willing to agree that both of you can take 9 days instead of 7 then you are fine, but remember what you agreed to when it comes time for you to lose one of your weekends.

 

[Zigner]

You are generally expected to NOT take the other parent's weekend when you are taking your 7 days. The order specifically states 7 days, not 9. Would you be happy to lose one of your weekends with the children when she takes her vacation?

You are wrong - the OP gets 7 days and they may, in fact, fall on the other party's weekend, since these vacation days supersede regular visitation days.

If mom is willing to agree that both of you can take 9 days instead of 7 then you are fine, but remember what you agreed to when it comes time for you to lose one of your weekends.

Mom doesn't have to "agree", but I otherwise agree with your statement.

 

[LdiJ]

You are wrong - the OP gets 7 days and they may, in fact, fall on the other party's weekend, since these vacation days supersede regular visitation days.

I disagree with you. Every time I have seen someone end up back in court for a clarification on that issue its ended up being clarified that the parties do not take the other parent's weekend in their 7 days, or don't take two of the other parent's weekends if its 14 days.

Mom doesn't have to "agree", but I otherwise agree with your statement.

Legally mom doesn't have to agree, but for practical purposes if they don't end up agreeing about it they will end up back in court. I happen to feel that taking the other parent's weekend to make your vacation into 9 days instead of 7 just isn't worth another trip to court.

 

[csido]

Thank you, I was just trying to see what standard practice is in most cases and some clarification without the aid of an attorney since the verbiage is so vague.

You are generally expected to NOT take the other parent's weekend when you are taking your 7 days. The order specifically states 7 days, not 9. Would you be happy to lose one of your weekends with the children when she takes her vacation?

If mom is willing to agree that both of you can take 9 days instead of 7 then you are fine, but remember what you agreed to when it comes time for you to lose one of your weekends.

It states 7 days "vacation". I did not know that was or was not including my standard weekend or not, hence the question.

 

[PayrollHRGuy]

I disagree with you. Every time I have seen someone end up back in court for a clarification on that issue its ended up being clarified that the parties do not take the other parent's weekend in their 7 days, or don't take two of the other parent's weekends if its 14 days.



Legally mom doesn't have to agree, but for practical purposes if they don't end up agreeing about it they will end up back in court. I happen to feel that taking the other parent's weekend to make your vacation into 9 days instead of 7 just isn't worth another trip to court.

Let's say a parent has custody 2 days out of 7. There is no way that either of the parents can have 7 consecutive days without taking days away from the other parent. That is why the order grants 7 consecutive days in the first place.

And in the case of the OP I see nothing that allows the parent to agree or not agree. They simply have to be notified 30 days in advance.

 

[LdiJ]

Thank you, I was just trying to see what standard practice is in most cases and some clarification without the aid of an attorney since the verbiage is so vague.

It states 7 days "vacation". I did not know that was or was not including my standard weekend or not, hence the question.

You are going to get different opinions from different people. As I said, every time I have seen someone end up back in court to clarify an issue like this one, the result has been that the person had to include their own time in the 7 days, not just strictly take from the other parent.

Again though it goes both ways. So if you manage to do it, the other parent will also do it to you.

 

[PayrollHRGuy]

You are going to get different opinions from different people.

No, the OP is going to get wrong advice from one person it seems. The rest of us can read what is pretty much simple English.

 

[laurakaye]

I am a non custodial parent dealing with a very problematic ex. I am wanting to take my children on vacation, and our parenting plan states verbatim:

"Summer: Each parent shall be entitled to one 7-consecutive day period with the minor children each summer for vacation. Each party shall provide notice to the other no less than 30 days before their chosen dates."

I want to vacation with them starting my Friday 8/2 and return them on Sunday 8/11. The way it is worded I am taking my weekend and 7 consecutive days.

She is saying no- that vacation is included in my regularly scheduled time. (Which would only be 5 days).

I thought regular visitation and vacation were two separate entities.

Friday 8/2 (your weekend parenting time)
Saturday 8/3 (Your weekend parenting time)
Sunday 8/4 - Saturday 8/10 (Vacation)

Would it be possible for you to return them on Saturday? I don't see how she can object to that schedule. You're not exercising the start of your seven-day-consecutive-vacation time until Sunday, the 4th. Generally speaking, I thought orders or agreements state vacation time shall take precedence over the ordinary physical custody schedule. Does yours specify?

Here's a passage taken directly from A PARENTAL GUIDE TO MAKING CHILD-FOCUSED VISITATION DECISIONS (Missouri)
https://www.courts.mo.gov/hosted/circuit11/Documents/Parental guide to visitation.pdf

Accommodate Vacation Plans Parents can help their children by understanding that it is important for each parent to vacation with their children. Parents can help their children by scheduling their vacation times so that they do not interfere with the other parent's time with the children or with the children's schedules. Vacation, whether during school breaks or during the summer, can be a time for parents and children to expand their relationship. Vacation is also important because it gives the other parent time off from the demands of parenting. Vacation time takes precedence over regular visitation unless a court order or an agreement of the parents provides otherwise.​