More on summer visitation

[autandwynnie]

Posted before about mom being in Ohio over Father's Day.  Not an issue anymore, however now her parents are going to NC to spend 2 weeks in mid-July.  There's not a chance at six consecutive weeks that DH can have the kids without it interferring with her parents visit.

The order states:

"In the event that the distance between the parties' respective homes is so great tht the husband is unable to exercise weekend visitation with the minor children then, in lieu of such weekend visitation, husband's summer visitation with the minor children shall be increased to six (6) weeks."

How should that be interpreted?  Should we go with it being consecutive or what ever BM feels it means?  

She wants to break it up into either two, three week visits or three, two week visits.  DH simply can't do it with his military obligations, not to mention the financial aspect.  We're talking $500-$600 each round trip with gas & hotels.  It was $500 at Christmas & that was when gas was cheaper.  Kids are too young to fly alone, so that's not an option.  

DH thinks that because of the wording, there's no way that she would be denying the full 6 weeks, so contempt would be out of the question.  I think that he's going to have to take it back to court to have dates clarified (ie. visitation begins the day that school recesses for the summer for 6 consecutive weeks).

So, what are your opinions on how this should be interpreted?

TIA!

[mistoffolees]

In general, one can assume that ambiguities will be resolved in favor of the CP. That's not the way it's SUPPOSED to work, but in practice, it often goes that way.

In this case, your order allows for her interpretation. As long as she gives you 6 weeks, I don't see anything in your order that requires them to be consecutive. Granted, that might be the logical way to interpret it, but the courts would interpret it literally - and she appears to be right.

Sorry.

[backwardsbike]

IMHO- he would be well served to ask for a clarification and to ask that the summer visitation be six weeks consecutively.

I am clost ot my children but only saw them EOW.  Even 14 days was too long in the face of PAS.  The summer was out time to rekindle our relationship.  My X would only allow me a week at a time.  Once, because he planned a vacation to include the kids without counsulting me and paid a reservation for the trip which was during my week of the summer I got two weeks in a row.  My, the difference in my kids at the end of that two week span.  I would encourage longer visits when possible especially since he doesn't get to see them much during the school year.  In two weeks they will just be getting settled in and will have to leave again then come back.  IMHO- not in the children's best interests.

[mistoffolees]

>IMHO- he would be well served to ask for a clarification and
>to ask that the summer visitation be six weeks consecutively.
>


He could absolutely do that. But it won't help him this summer (it's extremely unlikely to impossible that he'd ever get a hearing scheduled in time and I can't see that he'd get an emergency hearing on this issue).

[rosegdrose]

Well the CO doesn't say that he can't have 6 weeks in a row. I keep the kids once you get them for the 6 weeks, and tell her to refer back to the order.

It's a gamble but not a big one.

[MixedBag]

I'd second rose's advice.

HOWEVER, I also suggest (if this would be o.k. with dad), that if BM wants to split it up like that, then let BM pay for the additional transportation costs associated with her wishes.

I approached my EX like that -- and of course he turned me down.

In the end, the judge agreed with me since I pay transportation costs.

I had no objection to splitting up the time, because time is time, and as long as our son had his time here with me, and we didn't have plans, what difference does it make.

Now paying for it....yep, I paid for it for a few summers, but no more.

And son is doing fine -- when before EX made it sound like son would just die if he missed some events that son has missed for a few summers.  Son is still happy and breathing....