Interpretation question

[Bolivar OH]

My decree (separation agreement) states:
"VACATION FOR THE YEAR 2004 MAY BE (3) NONCONSECUTIVE WEEKS."

Now the problem:  How is vacation days counted?
I take my son on a one week vacation.  Since Saturday and Sunday are my scheduled weekend.  I take 5 days vacation days from Monday – Friday.
2 days my scheduled weekend + 5 days vacation = 7 days gone.

My X says that I am using 7 days of vacation.

What is the general interpretation of vacation time?  Should my scheduled weekend be counted as vacation time?  How would you word a response?

There is more background info to this disagreement (isn't here always).  However, at the present this is where we stand.

My current attorney is reluctant to respond to there latest letter.  While talking to her I was unable to nail down what her concerns.  Finally she said "I will fax you a draft of our response soon".  This is the first time my case has been moved to the bottom of her priority list.

[Kitty C.]

I'm not quite sure what you're asking here, B.  Is it just what it's called or whether you're allowed the time?  If you have EOW, then regardless you'd have the weekend either before or after the weekdays of the vacation, right?  That's how I interpret it and how DH has utilized his.

For example, if you were to have your child this weekend and taking vacation this coming week, you'd pick up say at 6 pm tomorrow and drop off NEXT Friday at the same time.  Makes sense to me.  

But if she's getting pissy about what constitutes a 'week', get out Mr. Webster and REMIND her............last time I looked, it was 7 days and I'm sure that the judge and attys., who all have college degrees are smart enough to figure that out as well, even if she isn't able to.

Sorry about the sarcasm, but POS's like this really chap my ass!  Wait till there's a REAL important issue, like maybe what to do about a life-threatening illness (heaven forbid)..........will she be just as nit-picky and put 'control' over wellbeing???  Most POS's usually do, unfortunately........

[Bolivar OH]

Sorry, let's try this again.  This is the new and improved rewrite of my question.

My decree (separation agreement) states:
"VACATION FOR THE YEAR 2004 MAY BE (3) NONCONSECUTIVE WEEKS."

Now the problem: How is vacation days counted?
MY OPINION: I take my son on a one week vacation. Since Saturday and Sunday are my scheduled weekend. I take 5 days vacation from Monday – Friday.
2 days my scheduled weekend + 5 days vacation = 7 days gone.

HER OPINION: I am using 7 days of vacation, whether or not it falls on my weekend or not. (FYI – in the past when I have taken vacation over her scheduled weekend I had to let her make up the time.)

What is the general interpretation of vacation time? Should my scheduled weekend be counted as vacation time? How would you word a response?

There is more background info to this disagreement (isn't here always). However this is where we stand at the present.

My current attorney is reluctant to respond to there latest letter. While talking to my attorney I was unable to nail down what her concerns are. Finally she said "I will fax you a draft of our response soon". This is the first time my case has been moved to the bottom of her priority list.

[Forthelittleones]

If you have three nonconsecutive weeks, I see that as you get 3 7 day periods.  

If she is being this way, then send her a letter that you are exercising your vacation from Monday through the following Sunday - She will not get make up time as you are execising one of your full weeks.

How close to each other do you live?

Why dont you want to exercise it in one chunk?

[smtotwo]

DH has 1st, 3rd and 5th weekends (if applicable) from 5 pm friday until 6 pm sunday.

Summer visits are the 3rd full week of each summer month Starting at noon on the third sunday through 6 pm the following sunday.

This way we normally get 3 weekends a month in the summer. The exception will be like this year in August when, unfortunately the first day of the month is a sunday, thus the first full week is the the 1st -7th.
So our third week will fall on our third weekend.

And GOD FORBID we should get even one day more than court ordered.

We are asking psychomommy to stip to more summer time and one more weekend on winter, but she probably won't.  She hates that the skids like it here so much!!

[nosonew]

MY thinking is CP doesn't GET visitation, the NCP gets visitation.  If you are to get 7 days vacation in a row, I think it is very reasonable to expect that to work like this:

Your regular visitation Fri-Sun. Your Summer week, Mon-Sun. Thus, you get 2 weekends plus one work week.  

The only time that cp would get "visitation" is if child had EXTENDED time with you, long periods, ie: If child is with you 6 weeks straight, cp may get 2-3 weekends during that time.

This is a pet peeve of mine.  CP's don't get visitation and if they want visitation, then they can be NCP!

[rainbow1]

When arranging vacation time state the day and time it starts and ends. Example-My weekend Friday 5:00pm until Sunday 8;00pm Vacation to commence Sunday 8:00pm until the following Sunday at 5:00pm. Make sure you use dates! Make sure you specify that the vacation schedule does not change the regular schedule and that the next weekend is your regular weekend.

[DecentDad]

Hi,

I'd interpret this as meaning three periods of time, each a week in length, and none that immediately follow the prior.

So, you two arguing over "days" seem to be making presumptions that a "week" is not a whole period that can't be broken up.

My feeling is that if the two of you had merit to your argument, the orders would have said that you're entitled to 21 days of vacation.

In this case, I'd have to agree with biomom that you used a "week".

In the future, you can start your "week" of vacation at the end of your regular weekend, for essentially nine days of time with child.

In my particular case, my ex is a bit more creative.  Mine is stated "two nonconsecutive weeks, which shall not exceed 7 days including regular custodial time."

My ex has decided that 2 weeks of time equals 336 hours, and she advised of approx 20 "vacations" that she's taking by using the hours selectively to eliminate only my custodial time, in a fashion that she's giving herself a total of 10 weeks of vacation.  Nice try, eh?

DD

[Bolivar OH]

I thought this post was dead.  It has been resurrected.  So I'll fill you in on what transpired.

This is just one paragraph of letter sent to my eX's attorney.  It deals with question posted.


"It has come to my attention from information I received from my client that there is a remaining discrepancy existing with respect to used vacation time. Mr. Bolivar indicates that 3 of his vacation days, which Ms. Bolivar indicates have been used by him, 2 were his regularly scheduled weekend and 1 was his Holiday.  He asks that his regular weekends and Holidays NOT be included as vacation time taken.  Vacation time is in addition to regular companionship time."


Letter was sent June 25.  Lots of other stuff was in this letter.   The response from eX's attorney did not address this paragraph/issue.  So, if my legal awareness is correct, eX agrees with statement:

  I get 21 days vacation time in addition to regular companionship time.

[msme]

May I suggest that you ask your attorney to refer to your time as parenting time. You are not there to be a companion to your child. You are there to be a parent.

At least you get vacation. gr8Dad is the custodial parent & his ex only gets 3 hours a week. It happens on Saturday afternoon. He ask the judge to make it every other Saturday & Monday evening on the alternating weeks so that he could have a weekend to do things, occasionally. She said no.

This month, the kids had a chance to go away to visit relatives for 2 weeks. He ask the *%#*%* to skip one Saturday so they could go & she could have the following Saturday & Sunday. Of course, she said no.

Oh well, that's life in the trenches.

You never get a second chance to make a first impression!