July 4th visitation

[Ref]

Hi Soc

I've asked this question on another board, but I am hoping to get your input.

Background:

DH lives in PA. BM and SD live in Fla.

DH has a new parenting agreement through mediation and signed by judge. In it it states that BM is to have SD for July 4th of this year. DH was to have SD for MLK, Jr. day this year. DH also may take visitation in the city where BM lives (city was specifically stated) on any weekend
with 7 days notice. In the summer BM is allowed visitation following the same rules as DH during the rest of the year.

A few days prior to DH's visitation for MLK, Jr. BM gave him hell saying that he was to give her all notice of any weekend visitation and that he ONLY was allowed to have SD for the day, not the whole weekend. After DH apologized SEVERAL times and admitted his stupidity, she allowed him to see SD for the weekend anyway.

BM has caused a ton of drama with visitation. Last problem we had like that was on Labor day weekend. BM told DH that she and SD were crying all the way to the gate. They even had to stop several times so they both could gain their composure. Amazingly enough, SD said that she was not that upset and that she was overreacting. She was happy from the time she got off the plane until her return to her mom.

BM wrote that she wants SD for her July 4th holiday and the weekend attached back in her town. DH is afraid that she will work on SD to not return.

Question:

 1. Would it be right to tell BM that she may have SD for the July 4th weekend so long as it is in our city seeing as that DH may only have weekend visitation in hers?


Thanks again for all you help
Ref

[Kitty C.]

.....just like you did in your other post about this.  That, IMO, says it best and at least tells me that you may well be within your rights to do just that.  But I defer to Soc's expertise.............

[Ref]

here are the bits I do have:

"The PRP shall have the same weekday and weekend visitation, as well as communication rights, during the summer as the SRP has during the year"

and

" In odd number years, the SRP shall have Memorial Day, the Thanksgiving Holiday as well as MLK, Jr. day and the PRP shall have July 4th, Labor day and President's day"

what I can remember is:

SRP may excercise weekend visitation in (city of BM), FL with seven days notice.

I think that is all I have. Hope that helps

[socrateaser]

>here are the bits I do have:
>
>"The PRP shall have the same weekday and weekend visitation,
>as well as communication rights, during the summer as the SRP
>has during the year"
>
>and
>
>" In odd number years, the SRP shall have Memorial Day, the
>Thanksgiving Holiday as well as MLK, Jr. day and the PRP shall
>have July 4th, Labor day and President's day"
>
>what I can remember is:
>
>SRP may excercise weekend visitation in (city of BM), FL with
>seven days notice.
>
>I think that is all I have. Hope that helps

Seems that BM has July 4 and if you're notified within seven days, weekend visitation. Everything else (location, timing, etc.) is ambiguous. Based on your posts, you have no control as to where BM exercises visitation, or holiday time. If you say that she may only have the child while in your city, how will you enforce it if she refuses.

I think that all you can do is love your kid and take your chances that she wants to return after the weekend.

[Ref]

"The PRP shall have the same weekday and weekend visitation,
>as well as communication rights, during the summer as the SRP
>has during the year"

Doesn't that mean that because SD is not to fly on the weekend vistation that DH has, that she should not have to fly on the weekend visitation that BM has over the summer?

[socrateaser]

>"The PRP shall have the same weekday and weekend visitation,
>>as well as communication rights, during the summer as the
>SRP
>>has during the year"
>
>Doesn't that mean that because SD is not to fly on the weekend
>vistation that DH has, that she should not have to fly on the
>weekend visitation that BM has over the summer?

Yes, but since this is the first time I've heard of this additional condition in the orders, I couldn't have considered it up until now.