When does summer visitation start?

[cmptrtechswife]

What is the name of your state?What is the name of your state? California

My husband and I have different opinions on when summer visitation of his 3 children should start per his court order.

Here are the facts and all opinions would be appreciated.

Regular weekend visitation starts Friday at 3 PM if there is school and noon if no school until Monday at the start of school or noon if no school. The last day of school is this Thursday and gets out at 1:25. Friday would be our normal visitation weekend.

Three Day Weekends = Whichever parent has physical custody of the children for that weekend, keep the children for the extra holiday weekend day (whether it be a Friday or Monday Holiday).

Three day weekends shall include Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Labor Day, Veteran's Day and all other additional school holidays.

And just recently the mediators recommended the following that was adopted as part of the court order.

Summer vacation time to be split between mother and father. With father getting the first week of summer. Visitation time to be from Sunday at 6 PM to Sunday at 6 PM - one week with father and one week with mother.

- So with that said, when does our visitation actual begin?

[jcsct5]

I'm not an attorney...

With that said you did say all opinions are appreciated.

I think your summer visitation would begin on Friday at 12 noon and end the Sunday 9 days later at 6 pm.

Hope this helps...

[socrateaser]

>What is the name of your state?What is the name of your
>state? California
>
>My husband and I have different opinions on when summer
>visitation of his 3 children should start per his court
>order.
>
>Here are the facts and all opinions would be appreciated.
>
>Regular weekend visitation starts Friday at 3 PM if there is
>school and noon if no school until Monday at the start of
>school or noon if no school. The last day of school is this
>Thursday and gets out at 1:25. Friday would be our normal
>visitation weekend.
>
>Three Day Weekends = Whichever parent has physical custody of
>the children for that weekend, keep the children for the extra
>holiday weekend day (whether it be a Friday or Monday
>Holiday).
>
>Three day weekends shall include Martin Luther King Jr. Day,
>Presidents' Day, Memorial Day, Labor Day, Veteran's Day and
>all other additional school holidays.
>
>And just recently the mediators recommended the following that
>was adopted as part of the court order.
>
>Summer vacation time to be split between mother and father.
>With father getting the first week of summer. Visitation time
>to be from Sunday at 6 PM to Sunday at 6 PM - one week with
>father and one week with mother.
>
>- So with that said, when does our visitation actual begin?

Assuming that the summer vacation time is actually ordered by the court, then it's completely open to argument. The order could reasonably be read to intend that the first weekend of summer be Father's based on regular visitation, or it could be read tha Father should obtain the children immediately after school on Thursday, until Sunday at 6PM, i.e., Father gets the first week, but it is shortened because school gets out on a Thursday, or the court could construe the order to mean that Father's first week begins on Sunday at noon, and that the Mother gets the kids until then.

So, you're gonna have to try to negotiate a solution, because there is simply no way to absolutely interpret the orders in their present form.

However, in as much as the court has apparently NOT signed the order, there is NO summer visitation actually in force, therefore, Father gets the kids from Friday at noon, until Sunday at noon, and Father has no visitation other than as currently set forth in the orders (i.e., three-day weekends, holidays, etc.).

[cmptrtechswife]

First of all, I want to thank everyone for their opinions, thoughts and ideas on the matter.

Now for a confusion - since I did not have the court order here with me when I wrote the above, I took another look at it and this is what it says:

In the mediation report that was adopted as a court order states:

During summer vacation, the father shall have the children on alternate weeks from Sunday evening at 6 PM until the following Sunday at 6 PM.

However, where I got the first week was we asked for it in court when the report was adopted to cut down on confusion. Apparently I did not ask for enough clarification.

I am sure that none of these new facts changes anything, but I had to ask...

[socrateaser]

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