• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Uninterrupted Vacation Time

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wileybunch

Senior Member
Update

Update:

As mentioned earlier, husband has 2 weeks of uninterrupted vacation time he can have daughter during school so long as it doesn't interfere with school, but because all holidays are spoken for, the only time he could exercise the vacation time is spring break.

Husband emailed Mom on 1/31:

Subject: Vacation Notice -- March

In addition to the April vacation notice I gave you on 1/22/08 (for a Fri-MonAM weekend on his regular 1st weekend time just to have more time Friday to leave out of town and to be able to return her to school Mon AM vs. having her home at regular time Sunday night), I also plan to exercise vacation time with daughter Saturday, March 15 through Saturday, March 22. She is out of school that week so this will not
interfere with school.


NOTE: Mom has Easter holiday this year which is on Sun 3/23.


She emailed him back today and said:

I am sorry, but I have Easter this year and plan to have the same Vacation. She
will not be available.

She then called him on the phone and spoke to him about this. He was in the car and didn't have a calendar to see what dates she was speaking of in relation to when he planned to have daughter and he said he would get back to her. [He also asked if she had made a counseling appointment for his 17.5yo son/jr. in high school that's thoroughly alienated at the moment, not speaking to him since last summer, that she said in December she was going to do and she said she hasn't made the appt yet because they (Mom/Dad) can't even talk -- lame excuse.]

Then a few minutes later Mom emailed:

I need to clarify the dates: We are going on Vacation from the 15th - 19th. I know
I have Easter this year, but if you would like the 20th, 21st and 22nd, we could be
back for that. I would like to have her back for Easter Sunday. Let me know if you
would like the time. Like I said on the phone, I had no idea you would be asking
for time at Easter as it was my year, but I am willing to work something out. We
have already made the reservations and booked the time off work. We can't change
our plans at this time.


*****

Mom is under the same obligations to notify about vacations, itineraries when traveling, etc., but never thinks she has to, she really does as she pleases. During this time she planned to take was Dad's regular mid-week visit (3/17) and his weekend (3/21 -- granted he would not have her Sunday that weekend b/c Sunday is Easter and Mom's this year) -- but she did not notify him of her plans, he was first to notify.

How should he respond?

Posting the entire SUMMER/VACATIONS part of his parenting plan again here:

Provided it causes no disruptions to the children's schooling, both parents shall be allowed to have the children during their respective vacations.

The parents agree to discuss their individual vacation plans in order to make arrangements for the children's care during their absence and/or have the children during their respective vacations.

Father shall be allowed two (2) weeks of uninterrupted vacation time with the children during the year, as well as up to one-half (1/2) of the children's summer vacation time according to what he can fit into his schedule.

During each of the children's summer vacations and/or track breaks, either party may take the children on a vacation so long as there is thirty (30) days advance notice to the other party. If a vacation time is not exercised, then the normal visitation schedule will apply.
 
Last edited:


CJane

Senior Member
Posting the entire SUMMER/VACATIONS part of his parenting plan again here:

Provided it causes no disruptions to the children's schooling, both parents shall be allowed to have the children during their respective vacations.

The parents agree to discuss their individual vacation plans in order to make arrangements for the children's care during their absence and/or have the children during their respective vacations.

Father shall be allowed two (2) weeks of uninterrupted vacation time with the children during the year, as well as up to one-half (1/2) of the children's summer vacation time according to what he can fit into his schedule.

During each of the children's summer vacations and/or track breaks, either party may take the children on a vacation so long as there is thirty (30) days advance notice to the other party. If a vacation time is not exercised, then the normal visitation schedule will apply.
I'm going to address your original question w/MY interpretation ... because I'm not sure I agree w/Ldi or OG - and that's pretty rare.

The bolded portion TO ME means that Dad gets 2 uninterrupted weeks DURING THE YEAR - not school year - CALENDAR YEAR. PLUS Dad gets up to 1/2 of summer vacation time.

So he COULD take 1/2 of summer. AND THEN 2 more weeks. AND additional time w/30days notice.
 

wileybunch

Senior Member
So ... what about the vacation time conflict in March currently at issue? He notified her per terms of CO -- she only notified him of her plans to say he couldn't take her because she was already taking her.

Thanks in advance.
 

Bloopy

Senior Member
So ... what about the vacation time conflict in March currently at issue? He notified her per terms of CO -- she only notified him of her plans to say he couldn't take her because she was already taking her.

Thanks in advance.
I see it as an oversight in the original order. Spring Break should have been addressed.

As it is written, Dad gets every single Spring Break upon demand provided he gives proper notice.

I think Mom was reasonable to think that the Easter visitation was inclusive of Spring Break and she would not need to notify Dad diddly. She made plans accordingly.

Now she’s trying to be fair and share the break :). Or she simply realized she was mistaken, is aware Dad can just take the whole break and is hoping to work out a deal.

By Mom’s logic, next Spring Break is automatically Dad’s. Should Dad agree to this he should make sure that all odd year breaks are his.

What is the distance between Mom and Dad? Having them does not necessarily mean that it must be during vacation periods. He just needs to ensure they attend school should he have them during the active school year.
 

wileybunch

Senior Member
Bloopy, it's not clear if schools will schedule spring break always in conjunction with Easter, but husband likes agreeing that spring break will alternate each year. The only thing he doesn't like is that they keep making little agreements when she charges forward and they do something to iron it out and so he's got several of these things hanging out there that remain to be seen if she'll hold up her end and if there's a dispute, they will have to revert to the CO. ASSuming that doesn't happen, though, he likes alternating it.

As for not thinking she had to inform Dad, she never does. If they go out of town, where he provides the itinerary as required by CO, she never once has.

Thanks for the thoughts!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top