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interpretation of orders

Started by HeavenSent, Mar 14, 2005, 07:26:04 AM

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HeavenSent

County is Mobile, AL.  Exact words of our court order are:

1. The father shall be awarded secondary custody which shall include enlarged visitation as follows:

A) Each 1st, 2nd, and 4th weekends from after school on Friday until 6:00 pm on Sunday

B) Six weeks in the summer beginning the 3rd Friday of June.

C) One week at Christmas from December 25 at 3:00 pm until January 2 at 3:00 pm. In addition, the child shall be with the mother for Mother's Day weekend and with the father for Father's Day weekend.  The Father is allowed visitation for Thanksgiving beginning the Wednesday before Thanksgiving at 5pm through Sunday following Thankgiving on alternate years beginning in 2000, and for spring school holidays from 9:00 am on Saturday after school ends until 6:00 pm the following Saturday on alternate years beginning in 2000.  The Father is allowed visitation for any other times as agreed ........


This year, school ends March 25 and resumes April 4 for Spring Break.
Father's regular weekends begin on 3/25 and 4/1.

#1.  When should Father pick up and return Son on 3/25, 3/26, 4/1, 4/2?

Thank You.
     

HeavenSent

Text of court order: "...and for spring school holidays from 9:00 am on Saturday after school ends until 6:00 pm the following Saturday on alternate years beginning in 2000..."

So, son will be with Mother during the week of spring break this year.  

Previously on the odd numbered years, Father has picked up son on Friday as usual, and returned him to Mother at 9am the next day as per the court ordered time of the start of Spring Break.  On the following weekend, Father has picked up son at 6pm Saturday, and returned him at 6pm Sunday.

Mother has decided this year that Father does not get his regular weekends before and after Spring Break.  (The significance is that if Mom gets her way, Father and son do not see each other for 25 days.)

Mom pulled a similar stunt last year, but it involved 13 days of missed time.  We went to court, the judge said she was wrong, and we got make-up time.

#1)  Is Father supposed to be able to pick up son on 3/25?

#2) Is Father supposed to be able to pick up son on 4/2?

#3)  If 1 & 2 are yes, and Mother does not allow it, will it be enough to go to court over, or is it too petty?

Thank you for your time

socrateaser

>#1)  Is Father supposed to be able to pick up son on 3/25?

Yes

>
>#2) Is Father supposed to be able to pick up son on 4/2?

As 4/1 is the first friday of April, I would say that you have no obligation to return the child until 6 pm on 4/3.

>
>#3)  If 1 & 2 are yes, and Mother does not allow it, will it
>be enough to go to court over, or is it too petty?

Considering that she has been found wrong before on the same issue, I'd say that you have a good reason to go back to court -- and I'd be asking for a contempt citation with sanctions to discourage further wasting of everyone's time.



>Thank you for your time