Hi,
Ex is saying that I had extra time last march with kid not planned.
This was spring break and I followed the school district schedule in her school district.
However she states that our child is not in school and it doesn't applie.
So yes I am ok but I am looking for like case law or somewhere where it says that using her school district is what to do?
The order just state: spring break odd with mom, even with dad, ... that type of things
Ok, spinner, read your court order again. The start of that section usually states something like this.
Standard Possession ORDER
In this Standard Possession order "school" means the primary or secondardy school in which the child is enrolled, or , if the child is not enrolled in a primary or secondary school, the public district in which the child primarily resides.
This should be right at the first of your order. Mines on page 5
nop, no such language in the order.
Just says:
- each party shall have holliday time as follow:
Christmas and winter break first period: even years: father: First period to start from 5:00PM the day school dismisses until 10:00am on christmas day.
and so on for other spring break, easter, summer
Our spring break is in April this year (passover) and they only gave us Thurs and Fri for Easter "break". Do they have an April break too? When does your ex think you have the child for spring break?
Ex think I don't have our child for spring break since he isn't at school (just daycare)
She think she is so kind as to give me "extra days"
I have pointed out the order to her 100 of times yet she file for contempt on me saying these were "extra days" Don't get it
Do you have child the weekend before this break? Can you just keep child and since you have an order saying spring break you should be covered right? Would an offcial letter from this site work? (intention to visit letter-send it certified mail)? Would a letter from an lawyer work? (Might be worth the $50) :) How old is child? If he/she is very young, you may have to ask for to clarify so you do not keep doing this.
well I don't think this spring break will be an issue but there are issues in the past and this is more of a general question
I can't imagine an order not saying that. All the standard ones I've read have said that.
Hopefully a Judge would look at this as an oversite also.
Please have someone else read your order and look for that information, maybe you are just overlooking it.
ask your ex where in the order it says that the child must be of school age for the order to apply to her?
she is nuts
the standard order applies to holidays as observed by your area schools.
it has nothing to do with the childs age.\
a court order is just that an ORDER>
rini
I agree with you.
The funny part of it is that she is the one in contempt YET she files contempt after me for the same reason that she is in contempt.
My parenting plan specifies that school age is at 1st grade But still yet I get 2 weeks during the summer ,and My son Is five years old ,My other twist is I live close so I get Him every thursday After school Till 7pm , , I too have been through all these struggles , Here is the biggest hardest part to do , And I force My self to remmember this and do it , Spend the time you have productively with the child , I just sent My Son Home and I Have just had a pretty good weekend with Him, Here's the list we did
1 Bowling friday night
2, His friend came over saturday night But saturday I played a few video games with Him first,
3 , Then we went for a walk down the beach and threw rocks in the water
4 , I went to the hobby store and bought those cheap little model airplanes , And we flew them untill the natural destruction of those things occured By a 5 year old , But I enjoyed His amusement and wonder watching those little planes fly around ,
5 we watched Harry Potter
6 Then I read him his night time story
7 the night before I played slap jack at bedtime with Him
And Previous to this I have made many little projects with Him
That virtually cost nothing , Get a library card get Into kid projects
I used to be so caught up into what I don't get with My son , that It over shadows what I do get , So I make it a point to get a lot from what I do get , And In a way It suffices ,
I have a life and if you take a look at it , I really don't have a hell of a lot more time to make with My son than EOW and every thursday , It could be much better , I know My son will probably never spend A month straight with Me till he Reaches what age ,I do not know , But I do Know this , He will spend most of his time with me as quality time . And as I watch other parents then I see that even normal working parents don't even do what I do with My son. And thats a fact , Think about it , Go ask any of your friends that have kids if they have accomplished the list of things I gave you in one weekend , or one week . I come back to this site to be supportive , If your parenting plan say's you get the time then she doesn't do it then file contempt , Or file for a modification of the parenting plan and ask the judge for clarification on that issue , , I also recommend that you carefully re -read the parenting plan Because it may say there is a dispute resolution process ,Before returning to court , Mine is that I have to Make an effort through Pierce county center for dispute resolution , If I don't do this the commissioner will say to do it before they answer to it , And I have used this as leverage before , Like I filed for dispute resolution and she fail to respond , So I filed the notice that she failed to respond with the court and asked for more visits and the court said Ok , It makes it clear to the court who is wanting to go by the rules . SOOO My other lessons , Stay to the facts , Don't gripe about her , I Know for a fact that By the time you get to the court , the court system has this Idea you aren't getting along , DUH!!! thats why you are in court ,
Wanna here the smartest thing I said to the commissioner once ,
" I want to see My son" ,
And her atty said Blah Blah !! Long story short is , If there is a Guardian ad Litem report that say's you get some time then the court will do it , And they don't care about your complaints about her , Unless it is like neglect or molestations , I wouldn't even bother the court , Just say I want this parenting time and she disagrees , And It is unclear in the parenting plan, Or just send her a letter that say's We can go through the legal process or not But I will see My child , What do Ya think of avoiding the court expense And just agrreeing to something , , The problem Is if the parnting plan Is attached to school age then probably kindegarden is the age that this would occur , Ya never said wether she got a comtempt for your last extra visit . Did She ?
well she filed for contempt against me and I guess we are waiting for the evidentiary hearing, ...
My parenting plan was Based on the school schedule , And Untill it was defined when the school schedule would actually be enforced , The mother had arguments , So My Guess Is unless there is a definition in the parenting plan that states WHEN THE SCHOOL SCHEDULE BEGINS, The judge or commissioner Is probably going to see this as an Issue that needs to be clarified , I have not seen your parenting plan , But usually it is written in fairly plain english , Again My plan say's school age schedule begins on entrance into the first grade , If there Is some open ended wording in the parenting plan then It probably is not contempt , I would contact other people besides me , But here is My opinion , I think You could just go to the commissioner or judge at the hearing and say , "the parenting plan say's that I get this time and I excorcized My rights to the best of My interpretation of the parenting plan " , There is or[ is not] A definition of when the school schedule begins, It only say's the plan is connected to the school schedule .
So , I hope you are getting what I say , The mother of My son has done a number of similar stupid things , And this is just to be a jerk ! And she has an atty , And I have responded to many of these things on My own with out an atty , If you are going to do this , The best thing I have found is to keep it really simple , Let Me give you an example of Jerk's attempts .. I refinish hardwood floors , So the mother , Has written into the parenting plan that I am not ot take child to the jobsite with out Mother's written consent , So I told My atty this is ridicolous , And what it is about is . That I should not have him at a job with Me where chemicals are present , And I know that , So My atty handwrote an interjected statement into her request , before presentaion to the judge , That said I won't have son on the Job "where chemicals are present" , But of course Mom wants to make trouble and My son said he was on the job with me , So She of course had her atty send harrassing letters that say I am Not to have son on the job , And they demand an entire schedule of what when and where or else they are filing contempt , Because I am in contempt BLAH BLAH BLAH ,So, I sent a letter back with a copy of the parenting plan thats shows what I say , the plan say's ' About " Where Chemicals are present " And there were no chemicals present , So her atty got a few more bucks from stupid letters , But it basically ended , So the point is , I did not admit any thing about him Being on the job , even though he was , BUT There were no chemicals present , and that means that I am not in contempt . Ya get it !!! Argue the One legal point and leave the rest out ,
You are not in contempt , The parenting plan say's your visits are connected to the school schedule and you went By that And do not believe that this is contempt , Trust Me there will be other stunts she will pull , My psycho has pulled a number of them , And My atty say's unless the parenting plan specifically say's something that you are, or are not supposed to do, then its not contempt , ! AGain I would not say much more , Just that you don't believe that you are in contempt , This all seems like a big deal when it's happening , But All this crap blows over , But the one thing I have NEVER done is let Her use this kind of stuff to compromise the parenting plan that I do Have , Excorcise Your rights every time , And file contempt if she denies visits , I took the psycho to court at least six or seven times , Untill she got the message , And the message is , I will have a relationship with My son !!! This has mostly calmed down , And yours will to If you keep her feet to the coals , Don't let up , If she gets away with something , Just think , You just taught her that she can !!!