Weekend/Holiday Schedule

[enstaig]

The BM has our daughter this weekend because she gets the last of her Christmas vacation from school. It started out with her having her from the day school got out until Christmas morning at 9 am. I picked her up at 9 am on Christmas and kept her until 9 am on Dec 31. The BM has her on Dec 31 at 9 am until 5 pm the day before school resumes. I just have an every other weekend visitation schedule with holidays.

She text me and asked me what time I am picking up our daughter for the weekend and I responded with "this is your holiday weekend" She told me if I don't get her this weekend I won't be getting her next weekend. If I show up and she refuses I will get the police and ask them to enforce the visit.

Am I wrong? is the weekend after the BM's holiday with our daughter not my weekend? Our plan says every other weekend schedule and that holidays prevail over the every other weekend schedule. How will the police see this? Since she clearly is supposed to have her this weekend for her Christmas Holiday will the police enforce my visitation the weekend after this one?

Thank you.

[ocean]

Police will not enforce anything, they will write a report and tell her to go to family court and deal with it there. As you are explaining it, you are right. Holiday prevails and she gets the weekend. Now how the every other weekend starts up again is a but harder...as you do not have a clear order (ex. every 1st, 3rd, and 5th weekend defined by the Friday).

Sounds like she wants the following weekend instead of this one... if you do not have plans then text her back "According to the court order, page xx, it states holiday time trumps every other weekend , so you are entitled to this weekend. Is there an issue for next weekend that you want to switch and Ill have her this weekend and then go every other from then?"

Look into the next few weekends...my guess is she is trying to negotiate so she gets a certain weekend coming up or she wants a break and send her home....

If you do not want to switch, call you local police, explain your order and what would they do (so they know in advance when they get the phone call what is up). Then text ex " According to the court order, page xx, you have holiday visitation until 5pm the day she goes back to school which is Sunday at 5pm. If you want to send her home early, please let me know. The following weekend is my parenting time and every other weekend after". Then IGNORE her...let her call next weekend if she wants...won't get far. If she really takes this to court, have the order redone to make it very clear who has what weekend.

Pick your battles...Good luck!

[tigger]

In my order (now void as both kids have aged out), the every other weekend (EOW) is set as it stated what date it would start.  The holiday schedule overrides the set schedule but doesn't alter its established pattern.  In other words, the Father's Day weekend belonged to my ex.  If it were my regular weekend this is how it would go:

5/30-6/1     My weekend
6/6-6/8       Dad's weekend
6/13 - 6/15 my weekend BUT it's Father's Day weekend so Dad would get the boys (yes we did Mother's Day and Father's Day to include the entire weekend.  It was easier.)
6/20-6/22   Dad's weekend
6/27-6/29   my weekend

As you can see from this, that's 3 weekends in a row that Dad gets.  There were some May's that I got every weekend because of my regular weekends, plus Mother's Day and Memorial Day weekend.  It's just how it fell sometimes but we never "restarted" the EOW based on the interruption. 

[Waylon]

I would say to take every opportunity to have more time with your child, regardless of what any schedule says.

Ocean is correct; the police won't do anything and will more than likely resent being called out to get involved.

You may also want to consider using the "Notice Of Intent To Exercise Visitation (http://deltabravo.net/cms/plugins/content/content.php?content.118)" letter if you think the situation warrants it.