Definition of "weekend".

[gemini3]

We're in VA, my ex has sole physical and we have joint legal.  We're petitioning the court for clarification of visitation for various issues, and the matter has been continued until Feb, along with my ex's original spport modification petition.  

In response to the continuance, the ex is now limiting my time with the kids to a period of no more than 48 hours.  She states that this is what the visitation agreement says.  What it says is "weekends" - there is nothing about specific hours.  This is one of the problems we're seeking clarification on.  

Until Feb when the matter will be heard, can you tell me if there is a legal definition of weekend?  The only thing I can find is "the period between Friday evening and Sunday evening".  We have been following a set schedule of when I will pick up and drop off kids for weekend visitation for several months, I have her agreement to this schedule in writing.

Is this agreement equal to a contract, and can I enforce it?  Is there anything I can do until we go to court?

I am also leaving town for a 6 week temporary military assignment.  I know that the ex will not let my fiance see the kids and there isn't anything I can do about it.  If my fiance wants to bring the kids to see me on a weekend that I'm supposed to have visitation, can she do this?

[socrateaser]

>We're in VA, my ex has sole physical and we have joint legal.
> We're petitioning the court for clarification of visitation
>for various issues, and the matter has been continued until
>Feb, along with my ex's original spport modification petition.
>
>
>In response to the continuance, the ex is now limiting my time
>with the kids to a period of no more than 48 hours.  She
>states that this is what the visitation agreement says.  What
>it says is "weekends" - there is nothing about specific hours.
> This is one of the problems we're seeking clarification on.

If there's nothing specific in the order, I'd have to research VA case law and the local court rules to try to find out something more clear. So, I can't really answer.

>
>
>Until Feb when the matter will be heard, can you tell me if
>there is a legal definition of weekend?  The only thing I can
>find is "the period between Friday evening and Sunday
>evening".  

Evening is 6pm. Based on this, then the weekend would be fri at 6pm to sun at 6pm.

We have been following a set schedule of when I
>will pick up and drop off kids for weekend visitation for
>several months, I have her agreement to this schedule in
>writing.
>
>Is this agreement equal to a contract, and can I enforce it?

Nope. Such an agreement is void as against public policy. Only the court can order custody parenting hours. However, the agreement is evidence of the party's agreed to intent, which the court can use to imply what is in the child's best interests, from the parents' viewpoint.

>Is there anything I can do until we go to court?

Nothing comes to mind.

>
>I am also leaving town for a 6 week temporary military
>assignment.  I know that the ex will not let my fiance see the
>kids and there isn't anything I can do about it.  If my fiance
>wants to bring the kids to see me on a weekend that I'm
>supposed to have visitation, can she do this?

If you have joint legal, then you can authorize a third party, like your fiance to transport the kids. Obviously if your ex refuses to permit it and withholds the kids, your only option will be to call the police, and they may or may not want to get involved. You could have your attorney ask for an emergency ruling on this single issue of transport, but the judge may not grant it. Hard to say -- depends on the judge.