California Holiday schedule.

[Yngsmommy]

DSO has custody Monday - Friday.

BM has weekend visitation.

Christmas Schedule is as follows:

The exact wording of the court order states that:

On even numbered years the children shall be with DSO from after school until Dec 26th at 7 pm and with BM until the remainder of the vacation returning the children at 7 pm on the day before school resumes.

On odd number years the schedule will reverse.

Christmas Vacation schedule shall follow the local school calendar not withstanding the children are not yet attending public school.  (the order was written when SD was 3 and SS was not yet 1)

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SD is now in public school (Kindergarten); and her school schedule is year round, which means she gets from December 19th to January 20th.  According to the above, we would assume that DSO gets the kids from the 26th of December to January 23rd; when BM's weekend visitation would resume.

She has insisted she will recieve her normal weekend visitation during January; we said no because it is a holiday visitation (technically).

Also this is in San Diego, CA if that matters.

My question.

1. Does Holiday visitation always override regular visitation?  If so where is that written so we can quote it to BM.

[socrateaser]

It's not written anywhere. But the order states the conditions of the holiday schedule which clearly encompass certain weekends within this scope.

However, why is this such a big deal? Assuming the BM is a good parent, why not let her have the weekends anyway?

[Yngsmommy]

*smiles*

This is the woman who abandoned her 9 month old and 3 year old in front of the TV for 8 hours when she drove to her mothers. (When she left DSO).

Didnt bother to call him at work and tell him so he came home to find a 9 month old and 3 year old in front of the tv.. with soiled diapers, hungry and neglected.

Hrm... she also tells the kids that DSO isnt their REAL father...

She attempts PAS, however we are lucky to have primary custody....right now according to the court order has to go to therapy.. but hasnt been going

[DecentDad]

If you can negotiate something tolerable now for both parties, you may want to modify your agreement in writing (and submit to court to become orders) so that YOU don't go three weeks without seeing your kids at the end of 2004.

Giving her weekends now seems like an okay trade for you to get weekends next year.

DD

[leskash]

whatever you enforce this year will be enforced on you next year.  If she is that bad, you don't want to not see your kids for 3 weeks.  There could be irreparable harm by that time.

[Yngsmommy]

SD is in year round (she started Kindergarten this year), so she has 6 weeks of Chrismas ans Semester Break.

She also only has 6 weeks of summer..

SS is 3, SD is 6.
Our actual offer for BM was:

1/2 spring break (alternating who get's easter), 1/2 Christmas break (alternating who gets Christmas), 1/2 Summer Break (she get's first we get second half)

We thought about week on week off but decided it is too back and forth for them...as they have lived with us 85% of the time for the last 3 years.

Howver she has told us to stick it....

We go back to court in January for the official "trial".. yes we still have temporary custody as BM was fighting for full...