Liberal visitation

[Ref]

DH decree states that he has liberal visitation with him giving 30 days notice.

1. Does this mean that what he gives notice of is what he should get legally?

2. Is she in contempt if he gives notice of 4 weeks and only allows him 2?

Thanks

[socrateaser]

>1. Does this mean that what he gives notice of is what he
>should get legally?

When a court construes/interprets something "liberally," it gives deference in favor of the benefiting party. As your order gives you the presumption of liberal visitation, you are entitled to deference on the issue, and in a litigation, it the burden would be on the other parent to prove that your request was unreasonable.

>
>2. Is she in contempt if he gives notice of 4 weeks and only
>allows him 2?

To be found in contempt, there must be (1) a valid, enforceable order, (2) knowledge by the contemnor of the order, and (3) willful violation of the order. Your order is extremely vague as to time -- not as to the time of notice, but as to the amount of visitation to be allowed. Therefore, it is highly unlikely that the other parent would be found in contempt for permitting less than the amount of visitation requested. However, if you were to request a temporary order granting you that 4 weeks, rather than a contempt motion, then, based on the wording of the order, the court would be obliged to grant the order, unless the other parent could show that your request was unreasonable.

Seems like a load of work just to get 4 weeks, huh? The question really is, how unreasonable is your request? Does it interfere in some other, already scheduled function/vacation, made by the other parent? Will it cost the other parent money, or embarrassment to allow the visitation? Does the child actually want to spend the time with you?

Or, is this simply a power trip by the other parent?

I think that you may want to simply tell the other parent, that unless he/she can provide you with a compelling argument as to why the child must be returned in two weeks, that, unless the child asks to leave at the end of the 2 weeks, that you are keeping him/her for four, and that if the other parent doesn't like it, then he/she can file for a contempt order against you.

Or, you can preempt the entire mess and ask the court to give you a temp order now. It's up to you.

[Ref]

Thanks for you help Soc. I have a couple more to clarify the situation.

Ex stated that SD didn't want to come for more than 2 weeks and if it were up to ex, she could come for however long we want. (SD was 12) She also stated that she had plans. We didn't find out until later the plans were a 1 week class for 1 hour a day that could have easily been moved to the week prior to DH's notification dates. Her break is 12 weeks long.

SD loves being with us. She talks to her dad on the phone whenever mom leaves the house for any period of time for as long as she can. She talks to me for long periods when Moms not around.

This year Ex is pulling the same stuff. Told SD to make the choice and that she would support it. This year DH wanted 6 weeks. Ofcourse ex says SD decided that that was way too long. She also said SD couldn't go overseas to my brother's wedding during DH's time. She has allowed overseas trips before.

1. Is it unreasonable to have SD for 4 out of 12 weeks?

2. Is it ureasonable to ask her to switch the dates of the class to the week prior (the class cost $45)

3. Is 6 weeks too much? Standard visitaiton for the county for EOW NCP is 6 weeks.

4. Can she tell DH that SD is not allowed to go to my brother's wedding?


I appreciate all of your time SOC!

[socrateaser]

>1. Is it unreasonable to have SD for 4 out of 12 weeks?

Your facts avoid a central question: What does the SD want? Ask the kid what she wants! If the child wants to come, then four weeks is not unreasonable. If the child doesn't want to come, then there's a legitimate reason. I have no doubt that the child enjoys her time with you, but, nevertheless, she may be more comfortable spending her summertime with her local friends.

>2. Is it ureasonable to ask her to switch the dates of the
>class to the week prior (the class cost $45)

If the class was set up and paid for prior to you giving notice, then yes, it's unreasonable, otherwise, it's not.

>
>3. Is 6 weeks too much? Standard visitaiton for the county for
>EOW NCP is 6 weeks.

Based on your facts, no, but it really comes down to the child's attitude, not yours or the other parent.

>
>4. Can she tell DH that SD is not allowed to go to my
>brother's wedding?

Only if the order expressly prohibits long distance travel. As a practical matter, however, if the kid doesn't have a passport, and the custodial parent won't agree to sign the paperwork, then you'll need a court order to get one.