Nit picky or not?

[rm1759]

I am an NCP, and settled with BM in mediation last september. My question is about my summer parenting time, here is what the agreement states:

"Each parent shall be entitled to two non-consecutive weeks with the minor child during her summer vacation from school. The parties shall confer and select each party's two-week period on or before May 1rst of any given year. In the event the parties disagree, the father shall select one week, followed by the mother selecting one week, followed by the father selecting one week and ending with the mother selecting one week."

I selected my week to "butt up" against my normal weekends.  Essentially getting 10 days in a row.  BM claims that I am not allowed to "extend" my vacation by doing this.  In addition, she claims that I cannot select a week which occurs over her weekend time.  

I was not allowed to have my daughter for the full week I selected, she came to get her 2 days early (according to the week I selected), and instead of fighting in front of my daughter, I let her go.  

There is no provision in the agreement specifying a limit on days, nor is it specified that she has weekend visitation.


My questions are:

1) Should I file for contempt on this?

2) If I do, will the judge view this as being Nit-picky, and view any future appearances negatively?

3) If I should not file for contempt, how do I get the agreement to be more specific?  BM will not agree to any compromise whatsoever.


If it helps, I am in Pinellas county, Florida

[socrateaser]

>My questions are:
>
>1) Should I file for contempt on this?

You were within your rights to retain custody of the child, But, instead you voluntarily allowed the child to leave early with the other parent. YOU are the one who willfully violated the order and thus YOU are in contempt (technically -- this is all pretty di minimis and the judge will just roll his/her eyes and throw you both out on your ear).

But, orders are not optional for either party.

>
>2) If I do, will the judge view this as being Nit-picky, and
>view any future appearances negatively?

See #1 above.
>
>3) If I should not file for contempt, how do I get the
>agreement to be more specific?  BM will not agree to any
>compromise whatsoever.

Personally, I don't see any ambiguity. You were right, but you whimped out. If you want it in writing from the court, file a motion for clarification of the current custody orders.