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Need help with Summer Possession wording

Started by luv8tir, May 28, 2009, 04:43:11 AM

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luv8tir

History:

Went to mediation and agreed that beginning in 2009 NCP's summer possession starts on the child's last day of school, through the first half of each month until 12:00 p.m. on the 15th day of that month

Court order reads:

Beginning in the Summer 2009 and continuing every odd-numbered year thereafter, starting after the child's last day of school in the Spring semester, the summer periods of possession shall be that NCP shall have the first half of each month until 12:00 p.m. on the 15th day of that month, and CP shall have possession of the child from 12:00 p.m. on the 15th day of that month until 12:00 p.m. on the first day of the following month.

Child's last day of school is Thursday, May 28, 2009

Q: Which parent has possession of the child starting after the child's last day of school?
"Your children need your presence more than your presents." Jesse Jackson

ocean

I would say according the those words, NCP doesnt get child until June 1 -June 15.
This is why you need the wording very clear...

Kitty C.

I disagree.....the order specifically states 'starting after the child's last day of school in the Spring semester'......so if school gets out on May 25th, visitation starts the day after and runs until June 15th.

On a side note, I realize that the specific wording of the order uses the word 'possession', but I strongly recommend refraining from using it in general.  Just the tone of it could be offensive to some, in that often many of the conflicts raised in custody battles are based upon one parent treating the child(ren) as possessions and using them as pawns in their attempt to limit the involvement of the other parent.  Children are not possessions and it  doesn't surprise me that a court would actually use that kind of verbage...just goes to show that this particular court has the same 'winner take all' mentality.   

...okay, I'll get off my soapbox now.......
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MixedBag

Have to agree with Kitty.

And just replace "possession" with PARENTING TIME not only in everything you write up but in your day to day vocabulary and thinking.

During Even years the CP will have the child from the day school lets out etc....  so there's an even balance in the long run.

Giggles

I have to agree with Kitty and Mixed...The NCP's parenting time starts the day after school lets out until June 15th.  The CP will then have parenting time from June 15th (noon) until July 1st (noon) then the NCP gets from July 1st (noon) to July 15th (noon) then the CP July 15th to August 1st (noon) then the NCP from August 1st (noon) to August 15th (noon).

Now in 2010, that is reversed so the CP would have from the end of school to June 15th...etc...
Now I'm living....Just another day in Paradise!!

ocean

Ok..I see it that way too..I am not used to "Spring" term...I thought that was referring to spring break or something. We are still in school until the end of June here...lol

Is this what you have in place already? or you can still change the wording?
If you can change the wording then keep it simple...odd years father had parenting time from the last day of school until June 15 12pm then again on Aug1 at 12pm until Aug15th 12 pm. Even years it will be reversed.
Also, who and where do pickups take place?

gemini3

Quote from: luv8tir on May 28, 2009, 04:43:11 AM
History:

Went to mediation and agreed that beginning in 2009 NCP's summer possession starts on the child's last day of school, through the first half of each month until 12:00 p.m. on the 15th day of that month

Court order reads:

Beginning in the Summer 2009 and continuing every odd-numbered year thereafter, starting after the child's last day of school in the Spring semester, the summer periods of possession shall be that NCP shall have the first half of each month until 12:00 p.m. on the 15th day of that month, and CP shall have possession of the child from 12:00 p.m. on the 15th day of that month until 12:00 p.m. on the first day of the following month.

Child's last day of school is Thursday, May 28, 2009

Q: Which parent has possession of the child starting after the child's last day of school?

I disagree.  The court order only says that the "summer periods of possession" go into effect after the last day of school - not that the NCP gets the child the day after school gets out.  I would argue that the NCP gets the child at 12:00 p.p. on June 1st.

But, why argue?  It's two days difference.  Can you and the other parent agree to split the days?

MixedBag

O.K., I can see it both ways...

which means that this is another perfect example of trying to write something to be clear and concise, only to miss the goal.

As the NCP, TWO days means or meant a lot to me.

As the CP, it was easier to lean towards the interpretation where the NCP got more time.

Took me being and NCP/EX#2, to be a more lenient CP/EX#1 towards my girls' dad.


ksmarks

Keep it simple, it states starting after the last day of school, and that is what it means, not June first. 
KSMarks

MixedBag

You know -- however the two parents interpret the order this year, THAT's the way it goes next year.