Christmas Holiday

[jcsct5]

Court order reads:

Christmas: begins Friday at the end of school through the Friday two weeks later. The children shall be exchanged of Christmas day at 4 p.m. Father shall have the first period on even years and the second period on odd years. Mother shall have the first period on odd years and the second period on even years.

My oldest daughter gets out of school on Friday, December 15th.

My other daughter gets out of school on Wednesday, Decemsber 20th.

Both children return to school on Wednesday, January 3rd.

Mother refuses to discuss with me how this holiday will work. She say she plans to follow the court order and won't consider any changes.

1) Given the court order, what is your interpretation as to who has the children at what times?

[socrateaser]

>1) Given the court order, what is your interpretation as to
>who has the children at what times?

Absent some other part of the order, of which I am not aware, that controls the days prior to the two weeks surrounding Christmas Day, the order contemplates only that the parents shall split those two weeks between them, with the transfer to occur on Christmas Day at 4PM.

The fact that the children may get out of school on a date that would make it theoretically possible for a parent to exercise more (or less) parenting time during vacation is irrelevant, because the order only considers a two week vacation period.

If you want some other outcome, you will need to ask the court to modify the order to account for the changed circumstances of a different holiday schedule.

So, this year, father has kids first, beginning on Friday, regardless of whether or not the kids are still in school. However, Father has an obligation to continue to bring the child to school if school isn't out.

If Father is too far from the school district to make this feasible, then it doesn't matter -- father still has the kids during that period, and the child will miss school, unless someone goes back to court to have the order modified in the children's best interests.

Which the court will certainly do, because on a scale of 1 to 10, 10 being most important, school gets a 10 and parents get a 1 (generally).

PS. If the battle is over the interpretation of the phrase "when school ends" or the like, well, school "ends" every weekday, and begins on the next weekday, doesn't it?

PPS. As a practical matter, if you seize the kids and take them to your home on that Friday, it will create a trauma for everyone involved. So, go to court now and get an interpretation and a new order, or be prepared to suck it up and do what the mother demands, which is almost certainly to not let you have the other child until the 20th, because if you don't, you will end up looking like the evil monster, even though you're not.

[jcsct5]

We live within 10 miles of one another and share 50/50 custody.

What I suggested to her was that I keep the kids from Friday the 15th until Christmas, and that she keep them until January 5th (two weeks from the Friday after the second child gets out). The only two days in question here are  Monday the 18th and Tuesday the 19th. I would have the children every day except those two, up until Friday the 22nd anyway.

Which would ultimatly result in me having them from 12/13 to 12/25 and her having them from 12/25 until 1/10. This would allow her to have the children for New Years which our court order doesn't provide for and for the past 6 years has been on my time.

1) Does Father have kids from the Friday that the first child gets out or the Friday two days after the second child gets out? That is the question.

2) The only forms I can find regarding changing the schedule is an OSC for Custody and Child Support. Is that what I need to file for clarification of the current order? State is CA

3) If answer to number two is yes then do I check the box for Child Custody or Modifiaction or both?

Thanks

[socrateaser]

>1) Does Father have kids from the Friday that the first child
>gets out or the Friday two days after the second child gets
>out? That is the question.

According to the terms of the order, from Fri, Dec 15, 2006. But, if you attempt to enforce your rights, the police will probably refuse to assist, because they will not be able to interpret the order with any certainty. Which is why I'm suggesting that you just go get a clarification from the court.

>
>2) The only forms I can find regarding changing the schedule
>is an OSC for Custody and Child Support. Is that what I need
>to file for clarification of the current order? State is CA

That would be the form (FL-300). There is a checkbox which states "Other (specify):", and that's where you will write: "Clarify current custody/parenting order."

>3) If answer to number two is yes then do I check the box for
>Child Custody or Modifiaction or both?

Just check the "Other" box, and specify as just described above. Then, on form FL-310, check "Other relief" (box #9) and write:

"Respondent (or Petitioner, depending on your designation in the original case) requests that the court clarify the current parenting orders so as to equalize the Christmas vacation time with each parent, in the child's best interests."

Then, check "Facts in support..." (box #10), and write:

"1. The current court orders provide that Christmas parenting time begins (quote the order's text).  

2. Our daughter's Christmas break begins on Dec. 20, this year -- 5 days after the date contemplated under the current order.

3. The result is an unequal award of parenting time, which is causing a dispute between myself and the children's mother, which we have not been able to amicably resolve, and which is not in the children's best interests."

That's it (except, of course, that you'll be sending me a check for $400).