Now... on interpreting vacation orders-- never a dull moment

[DecentDad]

Soc,

We have orders on summer vacation that aren't too tight because recall my attorney failed to timely object to their ambiguity (i.e., this one of the many problem clauses in our judgment):
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Each party shall be entitled to two weeks of uninterrupted time with daughter... (irrelevant info about who picks first on odd/even years)... In 2004 and 2005, the weeks shall be nonconsecutive and shall not exceed 7 days including any regular custodial time.
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If relevant to assess intent of the judgment, our signed settlement (preceding the entry of judgment based upon our settlement) says:
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There shall be a two-week period during the summers of 2004 and 2005 during which each parent can be with daughter for the full two-week span.  (irrelevant information about who picks first)
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The added line about splitting the weeks (in the judgment) came from biomom asking the court to rule that the two-week period should be split in half, as 2 weeks was too long for a preschooler.  The court so ruled.


Last year, biomom informed me in correspondence that she was allowed to take 336 hours of vacation (i.e., 2 weeks), and she advised notice of approx 20 vacations she intended to take, dissected into exact hours to cover only my custodial time.  She essentially tried to give herself 8 weeks total while only "using" 336 hours, each period split by a day or so (i.e., nonconsecutive).

I had right of first selection last year, and after much stupid bantering in email with her, she finally conceded after I told her that unless she decided to take two weeks (i.e., a total of two periods), I'd consider changing my vacation to be a couple hours daily (i.e., 336 hours spread across 160 days), so that daughter could benefit from seeing me every day... then I encouraged her to quit being ridiculous.  She conceded.

This year, she has provided notice of taking four vacation periods, each one a total of 7 days including her regular custodial time; and each one alternates against her normal custodial weekends (i.e., a 4.5 day span).  Her proposal means that daughter would go 8 straight weeks without spending any weekends with me over the summer.

This year, in her advisory, biomom concludes, "Please do not create conflict.  Contact my attorney if you wish to create conflict."  A person following the rules wouldn't even think to say that.  It's like a little kid who suddenly says when a parent walks in the room, "I didn't do it."

I wrote back, giving her 48 hours to reconsider her interpretation of the orders.  Today was the deadline for her vacation notice to me.

1.  Is it clear that it is the intent that these orders to provide only two nonconsecutive periods of summer vacation, each up to 7 days including regular custodial time?

2.  On resolving... write a letter to her attorney, seeking stipulation that the orders are per my interpretation and what parents mutually exercised last year, and then file an OSC to Clarify?

3.  Beneficial to have this OSC to Clarify heard on the same date as the other one (to Clarify Friday exchanges)?  I still have time to file and serve if I do it this week.

Thanks,
DD

[socrateaser]

>1.  Is it clear that it is the intent that these orders to
>provide only two nonconsecutive periods of summer vacation,
>each up to 7 days including regular custodial time?

Nothing in your case is clear, except that your ex hates your guts. But, yes, two nonconsecutive uninterrupted weeks (forget about your prior signed agreement). The text of the order controls.

>2.  On resolving... write a letter to her attorney, seeking
>stipulation that the orders are per my interpretation and what
>parents mutually exercised last year, and then file an OSC to
>Clarify?

Seems pretty clear to me already, but sure, write and ask for a clarification -- otherwise, back to the judge...again!

>
>3.  Beneficial to have this OSC to Clarify heard on the same
>date as the other one (to Clarify Friday exchanges)?  I still
>have time to file and serve if I do it this week.
.
Gads, the judge is gonna spank somebody. Actually, I think I'd wait on this one and see what happens with the pending hearings. The judge could tell your ex that she better get it together or he's gonna reverse custody. Then you bring your new motion and she's toast.

[DecentDad]

Hi,

Ex is a nutjob, what can I say.  Told me that she can't get pregnant (yeah, stupid me), can't keep friends, can't hold a job, cons people out of money.  Meets criteria for personality disorder, had two scales abnormally high on MMPI2 but evaluator didn't give a diagnosis other than describing her as conflict-ridden and unable to be introspective.  But as you said all along, nothing has been bad enough for me to get custody.

Okay, on vacation, you say that orders are pretty clear.

She's advised on four vacations.

Her first two vacations each specify a weekend (i.e., my weekend) that happens to be surrounded by her normal time.

Hence, each of those periods is "7 days including regular custodial time" (identical to the orders).  She's trying to claim that her "vacation" part only happens during my normal custodial time, so she has plenty of vacation days leftover for elsewhere.

So, after her first two "vacations", she will have completed two periods that are "7 days including regular custodial time."

I can write and tell her that I will only honor the first two periods she advised, tell her that I will file contempt if she otherwise interferes with my custodial time.

BTW... on recent/pending court appearances:

Feb 8 - her unsuccessful OSC to strip me of my birthday weekend
March 22 - my successful OSC to modify support
April 29 - my OSC on 19 counts of contempt
April 29 - my OSC to determine elementary school
May 24 - my OSC to clarify on Friday exchanges

1.  If she follows-through with vacation #3 and/or #4, are the orders then clear enough for a contempt?

2.  And, if so... on long-term strategy (presuming this month's contempt hearing doesn't explode back on me)... would you advise to do Motion to Clarify and outline her attempts to the court, or wait to see if she really follows-through on taking 4 vacations and then attempt to contempt her?

Thanks,
DD

[socrateaser]

>1.  If she follows-through with vacation #3 and/or #4, are the
>orders then clear enough for a contempt?

"Each party shall be entitled to two weeks of uninterrupted time with daughter... (irrelevant info about who picks first on odd/even years)... In 2004 and 2005, the weeks shall be nonconsecutive and shall not exceed 7 days including any regular custodial time."

If any vacation exceeds 7 days as the result of the willful act of one of the parties, then proof beyond reasonable doubt of this should result in a contempt order.

>
>2.  And, if so... on long-term strategy (presuming this
>month's contempt hearing doesn't explode back on me)... would
>you advise to do Motion to Clarify and outline her attempts to
>the court, or wait to see if she really follows-through on
>taking 4 vacations and then attempt to contempt her?

I'd just wait and slap her again. Although, I suspect that one of two things will happen at your next hearing: (1) the judge will dismiss the action as frivolous and send you a message that he's tired of your complaining, or (2) the judge will slap your ex with a threat that "the next time I see you in here on a custody issue, Ms. X, it had better be a good one, because otherwise, I will reverse custody!"

Remember, I don't read tea leaves, but I'm pretty certain that your judge has just about had enough from both of you.

[CustodyIQ]

.

[socrateaser]

Nice website. Making any money?

[CustodyIQ]

Barely covering the hosting.  So, good enough for now.

Building something else for it (long term).  :)