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What wording takes precedence?

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cooltwins

Junior Member
What is the name of your state? MN

My court order states that my ex and I will rotate the MEA break each year. He has the boys during the even years and I will have them during the odd years. Since this is an odd year, it is my year. MEA is the MN Education Association that is held for 2 days each October. There is no school on those days.

My ex recently told me that he wants the boys during the MEA break this year because our paperwork also states that "vacations have priority over residential time." He has not indicated whether or not he is actually going on a vacation.

In the paperwork, what takes precedence? The fact that we rotate the MEA break each year or the fact that vacations have priority over residential time.

Thank you for your advice.
 


rmet4nzkx

Senior Member
2 days, what's 2 days?
Have you thought about trading, and taking it next year or taking the 2 days during another school vacation like getting 1 week+2days for the winter break?
Nothing prevents you from being flexible.
 

cooltwins

Junior Member
I will ask him. What if he states that he is not going anywhere, but just taking time off from work to spend at home with them. Is that considered a vacation?

As far as trading days, he has never been flexible and will never be. I won't waste my time asking him because in the past, the answer is alway no.
 
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cooltwins

Junior Member
Does anyone know the answer? What if my ex states that he is not actually going on a vacation, but is taking time off of work to stay home with the kids. Does this take presedense over my getting them for the MEA break?
 

snostar

Senior Member
cooltwins said:
Does anyone know the answer? What if my ex states that he is not actually going on a vacation, but is taking time off of work to stay home with the kids. Does this take presedense over my getting them for the MEA break?
This is a though call, because "vacation" can also be intrepeted as his time off from work, especially if it is extended time off. Hopefully you had an attorney, they would be the one to help clarify the wording based on the judges understanding of the order.
 

BelizeBreeze

Senior Member
cooltwins said:
What if he states that he is not going anywhere, but just taking time off from work to spend at home with them. Is that considered a vacation?
Yep ...
Unless you want to give him the right to decide what your vacation should consist of.
 

LdiJ

Senior Member
BelizeBreeze said:
Yep ...
Unless you want to give him the right to decide what your vacation should consist of.
If vacation overrides parenting time....then wouldn't someone be able to basically nullify any holiday schedule by always stating that they got the time because the were "taking a vacation"?

I would think that a judge would not be particularly pleased with a parent who scheduled a vacation during the other parent's holiday.
 

BelizeBreeze

Senior Member
LdiJ said:
If vacation overrides parenting time....then wouldn't someone be able to basically nullify any holiday schedule by always stating that they got the time because the were "taking a vacation"?

I would think that a judge would not be particularly pleased with a parent who scheduled a vacation during the other parent's holiday.
The wording of this specific order does just that. And, absent a reading of the FULL order, and based solely on what was posted, the issue must be interpreted in the strict language of the order.
 

haiku

Senior Member
LdiJ said:
If vacation overrides parenting time....then wouldn't someone be able to basically nullify any holiday schedule by always stating that they got the time because the were "taking a vacation"?

I would think that a judge would not be particularly pleased with a parent who scheduled a vacation during the other parent's holiday.
what is constitutes a "vacation" though?
 

CJane

Senior Member
Hmmm... my parenting plan states the the 'holiday schedule' overrides parenting time. So, my ex can't say that because Christmas (for instance) is on a Thursday that it's 'his' because Thursdays are his. I would have interpreted this language to mean the same thing - that 'vacation' (time off from school that's divided between parents) overrides the normally scheduled parenting time - not that a 'vacation' (the parent's time off work) overrides visitation.

OP ~ Call an attorney.
 

cooltwins

Junior Member
Here is an update.

Although "vacation time" is not specifically defined, the intent was for vacations in which you go somewhere. I know this because of the circumstance involved that necessitated this wording.

I wrote to my ex and asked him where he was going on vacation. I told him that if he was going to take the kids on vacation during a time that the court order specifically states they are to be with me, then I needed actual proof of this vacation.

His reply was that he did not need to give me any proof and to just forget the whole thing. The kids will be with me during this particular school break just like the paperwork states. I believe I was correct in assuming that there was no vacation plans or else it would have been no big deal to provide me with the proof that I had asked for. It would have been easy for him to give me a hotel phone number (for example) for me to call him at to verify he is actually on vacation. That is what I would have done if the situation were reversed.

Thanks again for the great advice.
 

NotSoNew

Senior Member
our order specifically states that vacation time can NOT interfer with the other parents "special parenting time" ie holiday schedule. And i think these two days fall under a holida schedule since you rotate them, so in that case he would be WRONG

but i am glad you two worked it out!
 

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