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Author Topic: EOW Visitation Suspended During Summer??  (Read 2115 times)

TPK

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EOW Visitation Suspended During Summer??
« on: Apr 24, 2006, 09:21:08 AM »
Soc,

Finally got the divorce decree to be submitted. I think it's too vague and that we'll end up in court yet again.

I was ordered to submit my 3 weeks of Summer vacation to ex-wife by March 06. I submitted it to her well before that.

Before I submitted it, I had asked my attorney if I could schedule my Summer vacation with daughter so that I could try to have her almost every weekend (combined with EOW regular schedule)

My attorney told me that regular visitation (EOW Fri-Mon) is normally suspended during the summer months. He assured me that this is very common and goes without saying.

Knowing that it is suspended, I submitted my weeks.

Few days ago i get a letter from ex-wife changing the weeks. She changed them because she figured X and X days fell during "her" weekend. She also denied me 1 week altogether saying "you can have the last week sometime later in the year"

The divorce decree does not address this at all.

1. Is it standard for EOW visitation to be suspended during summer??


My ex and I still don't speak to each other so nothing will be accomplished by trying to talk to her about it.


2. Is heading back to court the only way to take care of this??

I want to straightened out well before the summer vacation starts.


I did write her a letter informing her that EOW is suspended during summer. I told her that the original weeks I submitted will stand, and that if she did not respond to me that her silence will be understood as agreement to this.


3. Any other suggestions??


Thanks


socrateaser

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RE: EOW Visitation Suspended During Summer??
« Reply #1 on: Apr 24, 2006, 09:35:05 AM »
>The divorce decree does not address this at all.
>
>1. Is it standard for EOW visitation to be suspended during
>summer??

In every jurisdiction of which I'm aware, court orders control. For your attorney to suggest otherwise is a little weird. If a court order is not-specific, then the fallback depends on whether you have joint legal custody or only visitation. If the former, then the question is entirely unresolved, because both parents have equal right to any unordered time -- so it's off to court to resolve the dispute. If the latter, then it's the custodial parent's discretion as to whether to grant you extra time.

Courts will interpret orders based on what is reasonable considering the child's best interests, unless there is some statute or constitutional principle that governs, but until a court rules, the orders, whatever they say or do not say, controls, because it is a principle of constitutional law that no person can refuse to obey a court order just because he/she believes the order is invalid or unenforceable.

You must obey until you get it changed, unless the order is wholey outside the scope of judicial authority (i.e., unreasonable under any conceivable circumstance).

>2. Is heading back to court the only way to take care of
>this??

Probably, as your attorney seems to be ducking the answer to why the order is not express.

>3. Any other suggestions??

You have one of "those" cases. You'll be fighting every step of the way unless the other parent does something really bad to the kid and provides the court with a rationale to reverse custody in your favor.

You're not even close to that at the moment.

notnew

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Experienced very similar siutation
« Reply #2 on: Apr 25, 2006, 09:14:44 AM »
Several years ago - first summer I got to actually have child for the two weeks. Our order states in addition to..., two weeks consecutive or non-consecutive during the summer. So, clearly that means the EOW stays put.

IMHO - the CP does not have court ordered time with the child. The CP has the child all the time except when with me.

I choose to use my two weeks to the max so I could have the most time with my child. So, first week begins at 6 pm on a Sunday at the end of my regular weekend and ends 6 pm the following Sunday. That gives me 9 days at a time to spend with my child.

BM did the same thing yours did - letter telling me when the time would be and that she wouldn't lose her weekends.

I filed contempt and prevailed.

(this paragraph deleted by moderator as unauthorized practice of law)

Being that I am not an attorney, I can't say what the law is on this type of thing. I can only tell you what my experience was. The judge in our hearing actually stated that any good parent would do whatever they could to spend as much time as possible with their child.

You will most likely go to court on this and other issues over and over - Soc is right. I am living proof of this. Sad but true.

good luck!

TPK

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RE: Experienced very similar siutation
« Reply #3 on: Apr 25, 2006, 01:10:03 PM »
>
>IMHO - the CP does not have court ordered time with the child.
>The CP has the child all the time except when with me.

I feel the same way. The Summer weeks are for me and not her, she has her all the time anyway.



>
>You will most likely go to court on this and other issues over
>and over - Soc is right. I am living proof of this. Sad but
>true.


No doubt. The only way I can get what I want is to go to court.


Soc,

1. Is it possible for a parent to lose custody for repeatedly not cooperating with the NCP??...or repeated contempts??


I would have to think a Judge has his/her breaking point and finally says "enough"!
>



Thanks

TPK

socrateaser

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RE: Experienced very similar siutation
« Reply #4 on: Apr 25, 2006, 02:28:50 PM »
>Soc,
>
>1. Is it possible for a parent to lose custody for repeatedly
>not cooperating with the NCP??...or repeated contempts??

Yes, and in some jurisdictions it's written into the law that repeated frustration of access by a parent is grounds for a reversal of custody. However, most judges will not do it, unless the frustration is so blatant that the parent is literally thumbing his/her nose at the court.

Because, of course, it's supposed to be about the "child's best interests," which rarely seem to have much of anything to do with the parents' best interests.


 

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