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Holiday Schedule Superseding Regular Visitation Schedule

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Zigner

Senior Member, Non-Attorney
It's either the first weekend or holiday time. You don't get to intermingle them. IMO.

That's true to an extent. However, the court order ENDS at 6 pm (for vacation) and then the court order for visitation kicks back in - meaning that kiddo stays for the extra 2+ hrs. It's not intermingling.
 


ProSeDadinMD

Senior Member
It's either the first weekend or holiday time. You don't get to intermingle them. IMO.
I don’t necessarily agree with that.

My understanding of the way “Holiday time” works is that if, lets say, Thanksgiving weekend time ends at say 6pm on Sunday, that the child would/should return to, or stay with, the parent whose Sunday evening it would normally be at say, 6pm on Sunday. At whatever time the holiday time ends, if an actual time is listed, you would return to your "regularly scheduled programming" at that time.

Even The Ex didn’t complain about that this year at Thanksgiving, and she usually fights about everything like that. My "holiday visitation" with Little Miss Pro Se ended at 8pm on Sunday. As it would normally be my weekend, she just stayed with me and I took her to school on Monday morning.:D
 

CJane

Senior Member
I don’t necessarily agree with that.

My understanding of the way “Holiday time” works is that if, lets say, Thanksgiving weekend time ends at say 6pm on Sunday, that the child would/should return to, or stay with, the parent whose Sunday evening it would normally be at say, 6pm on Sunday. At whatever time the holiday time ends, if an actual time is listed, you would return to your "regularly scheduled programming" at that time.

I agree with this assessment. If kiddo had been in MOM'S possession and it was Dad's weekend (superceded by a holiday) then MOM should have allowed Dad to have kiddo from 6 pm - 8:15 pm because holiday time had ended and "regular time" began.

I also agree that if this is going to be an issue on very many future weekends, the times should be "meshed". If it's not, just take a deep breath and let it go.
 

wileybunch

Senior Member
Mom texted Dad today that DD won't be available for his 3-hour midweek visit tonight because she has a headache and added that not to even think she owes him make up time for it because he kept her 2h15m longer than he was entitled to last night. :rolleyes::rolleyes:
 

wileybunch

Senior Member
So DH's ex informed her their DD would not be available for his parenting time tonight, that she has a headache. So DH ended up calling for police assist. This is how it went down:

Police pounded on door with flashlights. No one answered. So they pounded again -- very hard. Very long. They turned and looked at DH like WTH -- aren't they home? Then Mom appeared on the balcony above porch and said, "I'm up here, I'm not coming down" and they said, "Well, ma'am, you need to come down, we have some business to discuss with you." Then her DH pulled up around the corner and she said OK, I'm coming down.

Then she invited them in and they went in.
They said they talked to DD and said she seemed sick (she probably looked like crud from the BS anyway). They said they couldn't force anything, but they are filing a report that will be dictated and forward to family court and their judge will review it and see if action needs to be taken. We had no idea the system was integrated like that. Does anyone else have that sort of system where they are? I hope someone contacts DH so they can get the additional details such as Mom saying she would not offer any other time this week, either.
 

LdiJ

Senior Member
So DH's ex informed her their DD would not be available for his parenting time tonight, that she has a headache. So DH ended up calling for police assist. This is how it went down:

Police pounded on door with flashlights. No one answered. So they pounded again -- very hard. Very long. They turned and looked at DH like WTH -- aren't they home? Then Mom appeared on the balcony above porch and said, "I'm up here, I'm not coming down" and they said, "Well, ma'am, you need to come down, we have some business to discuss with you." Then her DH pulled up around the corner and she said OK, I'm coming down.

Then she invited them in and they went in.
They said they talked to DD and said she seemed sick (she probably looked like crud from the BS anyway). They said they couldn't force anything, but they are filing a report that will be dictated and forward to family court and their judge will review it and see if action needs to be taken. We had no idea the system was integrated like that. Does anyone else have that sort of system where they are? I hope someone contacts DH so they can get the additional details such as Mom saying she would not offer any other time this week, either.

Its possible that the police were fibbing about that one, to scare mom. I am nearly certain that would be prohibited, ex-parte communication with the judge. I could be wrong, but it sounds more like one of those things that police like to fib about.

I would do some research to verify that if they didn't say it in front of mom.
 

wileybunch

Senior Member
Its possible that the police were fibbing about that one, to scare mom. I am nearly certain that would be prohibited, ex-parte communication with the judge. I could be wrong, but it sounds more like one of those things that police like to fib about.

I would do some research to verify that if they didn't say it in front of mom.
DH wasn't there to hear what they told Mom so don't know if she realizes the report goes directly to the family court. They told DH this. Followed up with desk officer to see how that process works and he said it goes to the family court within a few days and to call them to find out how to get a copy of it.
 

LdiJ

Senior Member
DH wasn't there to hear what they told Mom so don't know if she realizes the report goes directly to the family court. They told DH this. Followed up with desk officer to see how that process works and he said it goes to the family court within a few days and to call them to find out how to get a copy of it.

Wow...they sure don't do that in my state.
 

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