Schedule

[Zephyr]

All parties and order Wisconsin

Court order word for word-

A. School Year (EX) shall have primary physical placement of (child) during the school year which shall be defined as one week prior to the start of the school year until the Sunday after the last day of school. (ME) will have secondary placement during the school year every other weekend and during those days in which school is not in session except for the Thanksgiving and Christmas holidays.

B. Summer (ME) shall have physical placement of (child) during the summer which shall be defined as commencing the Sunday after the last day of school and ending one week prior to the beginning of the school year. (EX) shall have secondary placement every other weekend during the summer and additional uninterrupted seven day period. (EX) shall notify ( ME) at least 60 days in advance of the 7 day period of extra placement during the summer.

C. Holidays The parties shall share the Thanksgiving and Christmas holidays in a manner to be determined by the parties. Regardless of placement (ME) shall have placement during the Mother's Day weekend and (EX) shall have placement during the Father's day weekend.




Gonna try to make this short- I gave ex a calendar of the next 12 month schedule for visitation and requested that if there was anything he disagreed with to let me know in writing by sept 1, otherwise that is the schedule we would work from.

last night was the end of the summer visitation schedule. at the swap he threw the calendar into my car and said he didn't agree, that this up coming weekend was not mine and therefore the whole calendar would need to be changed. Any time I tried to ask for clarification or explain why this up coming weekend was indeed my weekend he just yelled louder that it wasn't and he didn't have to write anything and blah blah blah...

So here is my understanding- partly based on the advice that I recieved from the start of summer when we had a similar issue.

Last weekend was dad's weekend...the weekend before- mine- all the way back through the summer and last school year....court order states that child should be returned one week prior to the start of school (yesterday)

It is my contention the this upcoming weekend IS my weekend for 2 reasons

1. It is my weekend in the weekend rotation that we have been going off of for over a year
2. We are now on the school year visitation schedule which provides me every other weekend and all other extended weekends from school.....which has always been every three day weekend the occurs during the school year

I have more questions based on this ones answer. Thank You again!


Ex says no.....who is right?

[socrateaser]

>It is my contention the this upcoming weekend IS my weekend
>for 2 reasons
>
>1. It is my weekend in the weekend rotation that we have been
>going off of for over a year
>2. We are now on the school year visitation schedule which
>provides me every other weekend and all other extended
>weekends from school.....which has always been every three day
>weekend the occurs during the school year
>
>I have more questions based on this ones answer. Thank You
>again!
>
>
>Ex says no.....who is right?

Neither of you is correct. The order does not state who gets the first of the "every other" weekends, thus it is ambiguous and open to argument. Your only option, if you cannot agree with the other parent, is to file a motion for clarification on the issue.

[Zephyr]

Just for further clarification, this weekend rotation is the rotation we have been using since we got the final judgement last year. At that court date which was a Friday, the judge acknowledged that it was my weekend, but he wanted to see son home by 5:00 on Monday to prepare for school the next day.

That weekend was the weekend that started the every other rotation and we have never deviated since, that particuler weekend also corresponds to the weekend in question this year, Labor Day weekend.

Ex is basing his denial of the weekend on the fact that he believes child should have a full seven days at his home prior to the start of school. he actually thought the order said the child was to  be returned home and stay home until the start of school- which it clearly does not say that.

does being able to track it back to when the schedule began, and what the judge said (even though it isn't in the written order- it is in the transcripts) affect your interpretation?

[socrateaser]

>Just for further clarification, this weekend rotation is the
>rotation we have been using since we got the final judgement
>last year. At that court date which was a Friday, the judge
>acknowledged that it was my weekend, but he wanted to see son
>home by 5:00 on Monday to prepare for school the next day.
>
>That weekend was the weekend that started the every other
>rotation and we have never deviated since, that particuler
>weekend also corresponds to the weekend in question this year,
>Labor Day weekend.
>
>Ex is basing his denial of the weekend on the fact that he
>believes child should have a full seven days at his home prior
>to the start of school. he actually thought the order said the
>child was to  be returned home and stay home until the start
>of school- which it clearly does not say that.
>
>does being able to track it back to when the schedule began,
>and what the judge said (even though it isn't in the written
>order- it is in the transcripts) affect your interpretation?

If you can prove that there has not been a single deviation in the every other weekend schedule from the date that the judge entered the current order, then I think you may have a reasonable argument for contempt. But, if there is even one variance, based on some agreement between you, that will be sufficient to make it arguable under the current order.

You need to clarify this matter. Don't make it a personal battle. Just get the court to fix the problem so it ceases to be a problem.