Need opinions on interpretation

[footballdad]

In my parenting plan, under "parenting time/vacation schedule" one of the paragraphs reads:

"At any time that the children have 3 days off from school, instead of Columbus Day, father shall have the children in his custody from the Friday of said 3 day weekend at 6pm until the Monday of said 3 day weekend at 6pm."

I'm seeking feedback on how a "reasonable person" would interpret this paragraph....and/or, for opinions on how a judge or attorney would interpret it.

The intent at the time this was created was that I get the kids whenever they have 3 day weekends, aside from Columbus Day.  Her birthday is October 10 and she didn't want that overlapping with my weekend.  Now the ex is playing dumb and trying to pretend that the paragraph means something else.

The "instead of" verbage was put in by my ex....that's why it makes no grammatical sense whatsoever.  (She didn't even finish high school, but acts as if she has a Master's degree...and is bipolar)   

[Kitty C.]

Then my question is.......exactly how is the ex interpreting it?  That would give us a better idea on the situation.

[gemini3]

I agree with Kitty - how is the ex interpreting?

To me it sounds like you have a choice of trading Columbus Day weekend for one alternate 3-day weekend.  But it's kind of out of context since we can't see the rest of the order.

We have a similar 3-day weekend clause, but ours reads:  "Father shall have parenting time from XX:XX on Friday until XX:XX on Sunday on (specified weekends); and if Monday is a holiday, the parenting time shall continue until XX:XX on Monday."

[Giggles]

I was wondering the same thing.

[CuriousMom]

Mine reads very similar to gemini's regading holidays that fall immediately before or after a weekend visitiation.  NCP gets the over night into the holiday.

Wording is very awkward - I read it as you don't get Columbus day if it falls during your normal weekend.

[footballdad]

I agree with Kitty - how is the ex interpreting?

To me it sounds like you have a choice of trading Columbus Day weekend for one alternate 3-day weekend.  But it's kind of out of context since we can't see the rest of the order.

We have a similar 3-day weekend clause, but ours reads:  "Father shall have parenting time from XX:XX on Friday until XX:XX on Sunday on (specified weekends); and if Monday is a holiday, the parenting time shall continue until XX:XX on Monday."

She's trying to play games.  She interprets this as saying ONLY that I don't get them on Columbus Day. 

My interpretation is that anytime they have three days off from school, I get them, with the exception of Columbus Day.  There is a three day weekend coming up (not Columbus Day) and she is trying to claim that I don't get them.

She knows full well that I'm supposed to get them anytime they have such a holiday, this is what was discussed at our settlement.  She's playing games because she is upset at me.....earlier this year her husband beat up our daughter and I dared to seek a restraining order on the kids' behalf.

[MomofTwo]

If her interpretation is you get the children on the holiday if they are with you the preceeding weekend and your interpretation is you get them any 3 day weekend except Columbus day, then you need to file a motion for clarication of the order. 

Her interpretation would not be off as many orders are written exactly as Gemini said...if that is the NCP weekend and it falls on a 3 day weekend, the weekend includes the holiday up until XX time.

Since you don't agree, you have to file a motion for clarification of the order.  If you filed contempt and her stance is just what she is claiming, they will very likely not find her in contempt.

Usually you don't interpret one line out of an order, you need the entire order to be able to fully interpret it.  We don't know what else the orders say in regards to this....

[Kitty C.]

"At any time that the children have 3 days off from school".........I take that to read it includes ANY weekend the children have 3 days off from school, excluding Columbus Day weekend.

But I agree, if there is a disagreement on the interpretation, you need to get it clarified with the court.  One very important thing to keep in mind, tho........IF she has allowed you to exercise this in the past and is now attempting to deny you of it, then she is in contempt and you would need to file a petition for contempt of court, only after the fact .  BUT...if this is a fairly new order and you have not had the opportunity to have them for a 3 day weekend, then you need to have the court clarify it.

[CuriousMom]

Kitty - but if this is questionable and up for interpretation, can she really be fined for contempt?  If it isn't explicity stated in the order, how can you?   I know if it's been being followed, have it modified to follow what has been taking place but until then -

Just asking - was confused by that

[Kitty C.]

It's only questionable if they've never utilized this aspect of the order before.  Like if the order is only a few months old and there hasn't been a 3 day weekend come up before now.

BUT, if he has had the children for a 3 day weekend in the past and she is only now refusing to release the children to him for his court-ordered time, then she is in contempt.  Apparently she wasn't confused about the interpretation in the past if she allowed it before, right?