2nd opinions please....long

[Sunshine1]

Posted this to Soc..need my second families opinions too...

DH's divorce decree spells out visitation and then in a new paragraph says the following for summer visitation.

"During the summer months when school is not in session (June, July, and August) Respondent shall be entitled to one-half of the summer months as parenting time with the children. Respondent is entitled to uninterrupted parenting time witht eh children for two weeks at a time. Respondent must notify the Petitioner of the summer parening time that she will have the children no later than May 1st of every year. The parties shall cooperate with eachother in determining the summer schedule."

BM has never given us a schedule for the summer months we always ended up sending her one, and then that was that. She took her visitation for whatever we set up.

In Jan of 04 a parenting plan was drawn up and the judge signed it. in 04 we came to an agreement of a summer schedule, and in 05 quite a few drastic things went down between the homes and BM exercised 2 weeks in June and July but not in August due to a TRO.

We questioned this before, and the children were not in any kind of questionable harm when with her until summer of 05. In the parenting plan it does not spell out summer visitation, it gives for extra time as liberal and frequent for anything she wants them for with prior reasonable notice and to stop by if she is int he neighborhood to go for lunch or dinner or whatever and at the end of that order it says the following:

"This permanent parenting plan shall supercede all before it, and may not be modified and or re-evaluated within 24 months of its original date and approval by the court set forth herein. When such time has reached these requirements both parties shall seek mediation for any disputes or changes. At any point in thie this Permanent Parenting Plan may be changed with the consent of both parties and all modifications must be signed and dated by both parties therfore making it a legal document and filing it with the court."

We have always sent a copy of the summer schedule to the court admin for the file. there id now extremely high conflict between the parties and BM had sent us her mental evaluation for SSI rendering her a 40 out of 100 in mental status and a list of disorders that prevent her from working or completing everyday living duties. She is also unable to drive because she has a suspended license, which is limited now and has strict restrictions and times when she can legally drive.

DH is very against sending them for two weeks at a time now due to all the things that have been going on...(long list, will elaborate if you need me to, most of you are totally aware) BM has a free attorney, so avoiding court would be great if it is cut and dried. BM will start WW4 if it is not plain and simple.

Both children will also end up in summer school this year and there is a clear provision for this and it references their summer vacation, but not her summer parenting time, (exact wording)...

"In the event said children shall be required to attend school during summer vacation, parenting time for respondent shall be set up when said children have completed their educational programs"

Ok our questions now:

1. Given the wording of our orders, is the summer visitation cancelled out by the new parenting plan?

2. BM has not sent a schedule yet and probably won't, if the above question is yes, do we just carry on with the regular visitation?

3. Does the summer school provision imply that there is summer visitation or that we will set up something when they are done?

4. If we don't send a schedule and we send them for the weekend and she doesn't return them, would it be considered contempt?

[MixedBag]

If you asked Soc, then I'd go with what he said and not give you a second opinion.

I think Soc doesn't see a conflict between the Divorce Decree and the Parenting Plan -- BECAUSE you didn't say what the new parenting plan says in terms of summer time with the kids.

Yes, the new parenting plan supercedes everything else -- so what does IT say?

To me if the kids require summer school, then her summer time happens after school dismisses.  I think the courts left it vague because the days and number of weeks that the kids might be in summer school is so different....so that's a hard one to pinpoint.

The biggest thing to me is that IF dad wants to deviate or thinks he's gonna deviate because of all the "new things" that have gone on, he needs to request mediation (because the PP says so) and then file something with the court BEFORE Dad acts on his interpretation of what should happen.

If I remember correctly, BM is local -- and you normally follow a "close distance" parenting plan, right?

If the kids have to go to summer school, would BM take them and bring them back from school each day?  If the answer is NO, then you have your plan of action -- follow your normal routine until summer school lets out and let her have 2 weeks.

If Dad still objects to those 2 weeks -- then he needs to take action (mediation then court or straight to court with a really good reason.)