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Interpetation, huh?

Started by gas, Jun 14, 2004, 11:36:50 AM

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gas

Current parenting plan reads, "children shall spend an equal number of days with each parent during the winter, spring and summer breaks from school"

Ex now claiming that days = days  NOT overnights !!

Isn't this standard "language" for defining how to do equal split of time during summer/school breaks for parents with joint custody?

Fobbed-Fodder

How absurd,
Based on her interpretation neither of you would have the children during the night.  Ok then, with who and where would they stay during the "Nights".  Poppycock I say.

Look up the meaning of day in the Webster's dictionary, the definition of day to be used is 3.a, 3.b & 3.c

If you look in the front of the dictionary under "Using this dictionary" you will find how the different meanings have there hierarchy.

This is what my dictionary says,
 
•   ("the meaning(s) of the term, with the most common senses listed first")
•   ("the less common, historical, or technical senses of the term")

You could return to Court with a motion to clarify the term of "days" as used in your order.
Sounds like a question for SOC

Nothing should ever be left ambiguous in a parenting plan.  Ambiguity is the crutch for misinterpretations, power plays and manipulation and you could go on and on.  You have to nail down every moment the children are at each home, from pick up to drop off and define with specific language how all holidays, special occasions and school breaks are accounted for.

You should get this ironed out ASAP and while you're at it review your parenting plan for any other pitfalls into hell and ask that they be further defined.

Just my opinions
good luck

gas

Yep, pure poppycock but that's what happens when you're dealing with a control freak.  Only people that win at this game are the attys....just one more reason for them to exchange letters and rack up the big bucks...

Kitty C.

I agree, pull out Mr. Webster, shove it in her face and let HER read the definition of a 'day'!  Last I heard, it was 24 hours!  

But that quip about NEITHER parent having the children overnight would really throw her into a tizzy!  I'd like to watch that, LOL!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Bolivar OH

I am going through an interpretation issue with BM.  In my case BM is CP and sole legal custodian.  When expressing my view, which is always done email, I am constantly referencing "best interest of child" and "encourage frequent and continuous contact with child".  This allows a paper trail and good documentation.

In your case with joint custody (in both physical & legal) I believe if she does not exchange the children that would be contempt.

Others on this board are much more knowledge than me on the specifics.  Hopefully one of them will be able to elaborate.

nosonew

Ha, just like when our c.o. read, "Visitation to commence from after school...."  She "interpreted" that to mean, "Whenever the hell I want you to get him after school and prior to midnight that night!"  We actually had to go to court over that! She got a puny slap on the wrist, as always!