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Interpretation of Child Visitation Court Order

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Melbel

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

My question is regarding current visitation court order. The order specifically states " DURING THE SUMMER THE PARTIES ARE TO HAVE VISITATION ON A TWO WEEK ROTATION COMMENCING WITH THE RESPONDENT IN EVEN YEARS AND THE PETITIONER IN ODD YEARS."

I am the Respondent in this case and since it's 2014 I commenced the two week rotation beginning with June 27,2014 since my son's last day of school was June 26, 2014. Now he begins school Monday August 25th, he is set to return to me this Friday August 22nd because of the two week rotation. My question is, when does he go back to the petitioner?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CALIFORNIA

My question is regarding current visitation court order. The order specifically states " DURING THE SUMMER THE PARTIES ARE TO HAVE VISITATION ON A TWO WEEK ROTATION COMMENCING WITH THE RESPONDENT IN EVEN YEARS AND THE PETITIONER IN ODD YEARS."

I am the Respondent in this case and since it's 2014 I commenced the two week rotation beginning with June 27,2014 since my son's last day of school was June 26, 2014. Now he begins school Monday August 25th, he is set to return to me this Friday August 22nd because of the two week rotation. My question is, when does he go back to the petitioner?
I would argue that you have this weekend and the normal visitation schedules begins Monday. Your last two-week "rotation" will be cut short.

Others would argue that, since you can't complete a two-week rotation, then it doesn't even start. That means that you wouldn't have kiddo this weekend at all (unless it would otherwise be your normal visitation time.

So, what is the problem?
 

Zigner

Senior Member, Non-Attorney
Now that I've had a chance to look at a calendar...

You and the other parent have each had two two-week visitations. At this point you're arguing about three days. Grow up.
 

I'mTheFather

Senior Member
I don't think the 2 week rotation is cut short. If I'm looking at the calendar correctly, her rotation ends on Friday.

ETA: You're quick!

ETAA: I would say it's dad's weekend immediately following this 2 week rotation, unless it's spelled out differently in the court order.
 
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Melbel

Junior Member
I don't think the 2 week rotation is cut short. If I'm looking at the calendar correctly, her rotation ends on Friday.

ETA: You're quick!

ETAA: I would say it's dad's weekend immediately following this 2 week rotation, unless it's spelled out differently in the court order.


The argument is She says it is her weekend and the rotation ends this Friday therefore, our original court order begins. My argument is the court order does not specify until the end of summer vacation, it simply states on a two week rotation and my two week rotation begins Friday therefore, he is with me this weekend until Monday.
 

Zigner

Senior Member, Non-Attorney
ETAA: I would say it's dad's weekend immediately following this 2 week rotation, unless it's spelled out differently in the court order.
Right - that's what I was trying to say :) If this weekend would be the OP's "normal" visitation, then it's the OP's weekend.
 

Zigner

Senior Member, Non-Attorney
The argument is She says it is her weekend and the rotation ends this Friday therefore, our original court order begins. My argument is the court order does not specify until the end of summer vacation, it simply states on a two week rotation and my two week rotation begins Friday therefore, he is with me this weekend until Monday.
You've each had four weeks during the summer. It should revert to the normal schedule.
 

Melbel

Junior Member
You've each had four weeks during the summer. It should revert to the normal schedule.
Ok, so I'm pretty much out of luck and will be able to see my son until next weekend?

Or am i entitled to at least this Friday?
 
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Zigner

Senior Member, Non-Attorney
Ok, so I'm pretty much out of luck and will be able to see my son until next weekend?

Or am i entitled to at least this Friday?
If she doesn't want to turn him over, then yes, you will be going back to your "normal" visitation schedule. Why? Because there's no way you'd get this to court in time to do a darn thing about it. Maybe it's time to start negotiating with mom?
 

Melbel

Junior Member
If she doesn't want to turn him over, then yes, you will be going back to your "normal" visitation schedule. Why? Because there's no way you'd get this to court in time to do a darn thing about it. Maybe it's time to start negotiating with mom?
Would love to negotiate, but she is very stubborn and feels we should not share equal amounts of time. We are scheduled for a modification of the current order so I can add another day to my weekends. At this point, she says it's her weekend and I will not see my son until next weekend.
 

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