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URGENT Visitation Question

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scochell

Junior Member
What is the name of your state? California

My husband has joint legal custody of his 11 year old son and 7 year old daughter, they live with their mom in Northern California and we pay to fly them down every other week for my husbands visitations and any other school breaks that he gets. Without going into to much detail, dealing with his ex for the past 5 years has not been easy. The current problem is a disagreement regarding the upcoming summer visitation that my husband gets. Their court papers state that when the kids attend a school that has a traditional school schedule, my husband gets 6 weeks of visitation, broken up into two 3-week periods with two weeks in the middle for their mom. If the kids attend a year round school, my husband and his ex are to split the off-track breaks (including the summer break) 50/50. Here's the catch. The kids have always attended a traditional school until this past year. In the summer of 2004, while the kids were with us, the ex moved to a different area where the elemtary school was a year round school. She had not checked out the schools, so she didn't know until after she moved that it was even year round. So last summer my husband had to cut his visitation short because they had to go back to school sooner due to the new year round school schedule. Now this year, my stepson is going into 6th grade to start junior high. So as of June 24th (last day of school), he is no longer attending the elementary school he is currently at. So my husband gave his notice for this summer based upon the fact that he's going into a traditional school this coming year. The ex is trying to say they have to split it. Just looking for opinions on this situation. My stepson even figured out in his own head that he would at least get his regular with his dad, he's been looking forward to it all year, and now the ex is trying to cause a problem as usual. Thanks!
 


Zephyr

Senior Member
she switched schools without consulting dad even though they have joint legal?
that could be a contempt situation
 

Zephyr

Senior Member
I think, I may be wrong, but I think the schedule of the school year does not start until first day of school, so this summer visitation may have to be based on what the current school year dictates. I would look into the contempt issue.
 

LdiJ

Senior Member
WANNACRY said:
she switched schools without consulting dad even though they have joint legal?
that could be a contempt situation
That wouldn't apply here. Children go to school in the school district where the CP lives. No judge would hold a CP in contempt for that.
 

LdiJ

Senior Member
WANNACRY said:
I think, I may be wrong, but I think the schedule of the school year does not start until first day of school, so this summer visitation may have to be based on what the current school year dictates. I would look into the contempt issue.
I would agree that this summer goes under the year round stipulations. Most likely its still going to be a little shorter than the traditional schedule summer...and if it isn't, then your husband is going to get at least 5 weeks anyway.
 

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