agreement regarding vacation days

[ccmidaho]

Hi Soc, I have a simple question that will require a lot of background.

Child is 2 years and 2 months old. Idaho. Subject is "vacation days" and the restrictions to them outlined in our agreement. Here is exact text of our agreement concerning vacation days (2nd paragraph, last sentence is the important one that has us in disagreement).

"We agree that each parent shall have up to fourteen (14) days vacation within each calendar year, so long as thirty days written notice (of those dates) is given the other parent, provided that until child turns 5, for vacation periods of less than four (4) overnights, fourteen day advance notice is sufficient. Subject to this, when less than thirty days written notice is given, and vacation plans interfere with the other parent's schedule we agree we cannot exercise our vacation days with child unless we have the other parents consent.

Until child is two, we agree vacation shall not result in child being away from either parent for more than two consecutive overnights. Until child is three we agree vacation shall not result in child being away from either parent for more than three consecutive overnights. Until child is age four, we agree vacation shall not result in being away from either parent for more than four consecutive overnights. Until child is five, we agree vacation shall not result in child being away from either parent more than 5 consecutive overnights. Between ages five and seven, we agree vacation shall not result in child being away from either parent more than seven consecutive overnights. After age seven if a vacation results in the child being with one parent for two consecutive weeks the other parent will have the next two consecutive weeks prior to returning to the alternating schedule thereafter. These restrictions on time away from a parent are not applicable to the normal custody schedule."

The situation is that right now, I only see the child two times a week (per our normal residential schedule) and of the two times a week one is always on tuesday for two hours and the other visit is an overnight either on thursday or friday night, alternating.   If mother takes a vacation day (away from my normal time), it automatically creates a situation in which I'm away from my child for an entire week, since I only see him twice a week. She says that the last sentence in the 2nd paragraph above allows her to do this. She says the total vacation doesn't count the normal residential schedule days she already has.   I had originally talked to my attorney about this sentence and he said it didn't mean that otherwise I would never have agreed to it. So now she is asking to take away one of my friday overnights via a vacation day which would result in me not seeing my child for a week.

My question is this: given the language in the agreement, can either of us combine requested vacation days with normal residential schedule days to have a combined total number of days which exceeds the restrictions set forth?  There is nothing in our agreement that addresses this in other sections.

Thanks for you help.

[socrateaser]

>My question is this: given the language in the agreement, can
>either of us combine requested vacation days with normal
>residential schedule days to have a combined total number of
>days which exceeds the restrictions set forth?  There is
>nothing in our agreement that addresses this in other
>sections.

The last sentence means that the normal schedule is acknowledged as in conflict with the time away conditions in the vacation schedule, and the parties agree that this is an acceptable circumstance.

It is not a license to the other parent to use vacation time to circumvent the normal schedule.

However, it is also sufficiently vague so that you could never obtain a contempt order, so the only solution is to go back to the court and get a clarification, or try to stipulate to an amendment to the existing agreement that will remedy the ambiguity going forward.

[ccmidaho]

Thank you this is what my attorney said as well when I originally signed the order - her attorney must have told her differently.  I have a related question.

When I take a vacation day as outlined in the agreement, I'm under the assumption that a "day" as described in this agreement is equal to 24 hours of time. For example, I have recently requested to have a vacation day that follows my normal residential friday overnight visit. The friday overnight visit would normally end at 7pm on Saturday night. I have requested a vacation day for Saturday night. Nothing in our agreement says what time child needs to be returned when taking a vacation day. Mother insists child must be brought back to her on Sunday at noon. I am maintaining that child should be brought back 24 hours later or at 7pm on Sunday. I've even offered to bring child back at 5pm instead and mother is still insisting that it be at Noon.  

My questions are:

1. Is it reasonable to assume that a "vacation day" equals 24 hours of time?
2. If I tell mother that I will not abide by her request to bring child back at noon and bring him back at 5pm instead what recourse does she have and what is the risk to me in doing so?

Please tell me what you'd recommend doing in this case.

Thank you