Visitation for Non-School Aged Children ?!?!

[spinner]

Hi,
Ex is saying that I had extra time last march with kid not planned.

This was spring break and I followed the school district schedule in her school district.
However she states that our child is not in school and it doesn't applie.

So yes I am ok but I am looking for like case law or somewhere where it says that using her school district is what to do?
The order just state: spring break odd with mom, even with dad, ... that type of things

[patton]

Ok, spinner, read your court order again.  The start of that section usually states something like this.

Standard Possession ORDER

In this Standard Possession order "school" means the primary or secondardy school in which the child is enrolled, or , if the child is not enrolled in a primary or secondary school, the public district in which the child primarily resides.

This should be right at the first of your order. Mines on page 5

[spinner]

nop, no such language in the order.

Just says:
- each party shall have holliday time as follow:
Christmas and winter break first period: even years: father: First period to start from 5:00PM the day school dismisses until 10:00am on christmas day.

and so on for other spring break, easter, summer

[ocean]

Our spring break is in April this year (passover) and they only gave us Thurs and Fri for Easter "break". Do they have an April break too? When does your ex think you have the child for spring break?

[spinner]

Ex think I don't have our child for spring break since he isn't at school (just daycare)

She think she is so kind as to give me "extra days"

I have pointed out the order to her 100 of times yet she file for contempt on me saying these were "extra days" Don't get it

[ocean]

Do you have child the weekend before this break? Can you just keep child and since you have an order saying spring break you should be covered right? Would an offcial letter from this site work? (intention to visit letter-send it certified mail)? Would a letter from an lawyer work? (Might be worth the $50)  :) How old is child? If he/she is very young, you may have to ask for to clarify so you do not keep doing this.

[spinner]

well I don't think this spring break will be an issue but there are issues in the past and this is more of a general question

[patton]

I can't imagine an order not saying that.  All the standard ones I've read have said that.

Hopefully a Judge would look at this as an oversite also.  

Please have someone else read your order and look for that information, maybe you are just overlooking it.

[rini]

ask your ex where in the order it says that the child must be of school age for the order to apply to her?


she is nuts

the standard order applies to holidays as observed by your area schools.

it has nothing to do with the childs age.\

a court order is just that an ORDER>

rini

[spinner]

I agree with you.

The funny part of it is that she is the one in contempt YET she files contempt after me for the same reason that she is in contempt.