Holiday visitation

[Mattiesmom]

What is the name of your state? Ga
This is the first Christmas visitation since the divorce. I was looking over the divorce decree again today and I am concerned about this; in the decree it states... Christmas visitation shall be divided every year; mother shall have visitation until 3:00pm, then the father for the day's remainder. I have no problem with the visitation beginning at 3:00 pm Christmas day but the decree does not have a return date and time. The decree also states that if there are any visitation disputesthat they will be referred to medation if the parties are not able to resolve the dispute. I am the primary physical custodian and would like to have my son back on Wednesday for church that night and to get prepaired to return to school. I forsee this causing a conflict with the father but mediation is not avaliable until after the holidays. My question is if I type up an agreement between the father and I that he would return the child on Wednesday, have it signed by the both of us in agreement, would this be a legal agreement enforceable if he then decides not to return the child or would I be considered in contempt if I keep the child until mediation can be arranged if he does not agree to return the child on Wednesday?

 

[rmet4nzkx]

Why does your child have to be back 5 days before school starts, I thought you were trying to get your ex to tpr, instead they want the child for visitation. This is inconsistant. We do read the other threads.

 

[casa]

You typed the father has the child for the day's remainder- that would lead me to assume he would return the child that night. Why is Wednesday (which is 5 days later) be the return time?

If it says, instead, the father has the child for the remainder of the vacation- that would lead me to assume he had to return him by the evening prior to the day he restarts school.

I understand you want to take the child to church, but you can take them anyday that you have them- I don't think that's a valid reason for any type of early return from visitation.

 

[Mattiesmom]

It is still my responsibility to have the child ready and at the sherif's office for visitation. The bio father has not contacted me about this holiday visitation I am trying to get prepared. He may show he may not, but I am trying to do the right thing. If he does show I do forsee problems, but I don't know what else to expect of him, I do know what he is capable of and I want to make sure I get my child back. He does just about anything to turn our world upside down. I am trying to get some HELP here with this whole situation.

 

[Mattiesmom]

The divorce decree states " Christmas visitation shall be divided every year; Mother shall have visitation until 3:00pm, then Father for day's remainder. Mother shall have Mother's Day....

 

[LdiJ]

The divorce decree states " Christmas visitation shall be divided every year; Mother shall have visitation until 3:00pm, then Father for day's remainder. Mother shall have Mother's Day....

Ok..in that case why do you believe that he won't return the child at the end of the day? What do the orders say about the rest of the school break?

 

[king sol]

Your order seems pretty clear cut. Saturday is Christmas, right. Dad may or may not pick up child at 3:00 and is ordered to return child Saturday by (at the latest) 11:59 p.m

Do you need to update your calender? This is Chirstmas 2004! Enjoy your Christmas with your child! Good Luck!

 

[Mattiesmom]

The order states " Easter, July 4, Labor Day, Halloween, Thanksgiving and child's birthday visitation shall be alternated between parties from year to year. Christmas visitation shall be divided evert year; Mother shall have visitation until 3:00 p.m., then the father for the day's remainder. Mother shall have Mother's Day visitation, Father shall have Father's day visitation. Both parties agree to give the other party 24 hours notice if he of she cannot exercise any visitation, under this order. Any visitation disputes shall be referred to mediation if the parties are unable to resolve the dispute."

Ok, so does "day's remainder" mean just that, I should have the child back at 11:59pm at the end of the day or does that mean the remaining days of the childs Christmas vacation, to which in the order there is no return date or time?

 

[BL]

The order states " Easter, July 4, Labor Day, Halloween, Thanksgiving and child's birthday visitation shall be alternated between parties from year to year. Christmas visitation shall be divided evert year; Mother shall have visitation until 3:00 p.m., then the father for the day's remainder. Mother shall have Mother's Day visitation, Father shall have Father's day visitation. Both parties agree to give the other party 24 hours notice if he of she cannot exercise any visitation, under this order. Any visitation disputes shall be referred to mediation if the parties are unable to resolve the dispute."

Ok, so does "day's remainder" mean just that, I should have the child back at 11:59pm at the end of the day or does that mean the remaining days of the childs Christmas vacation, to which in the order there is no return date or time?

This seems pretty clear to me. As someone pointed out , the order states Christmas " Visit " , not vacation.

The " Day's remainder " , means just that. The rest of that day .

Unless the order also has other written Visits you are not citing , during the same period of time , a day is a day .

 

[LdiJ]

The order states " Easter, July 4, Labor Day, Halloween, Thanksgiving and child's birthday visitation shall be alternated between parties from year to year. Christmas visitation shall be divided evert year; Mother shall have visitation until 3:00 p.m., then the father for the day's remainder. Mother shall have Mother's Day visitation, Father shall have Father's day visitation. Both parties agree to give the other party 24 hours notice if he of she cannot exercise any visitation, under this order. Any visitation disputes shall be referred to mediation if the parties are unable to resolve the dispute."

Ok, so does "day's remainder" mean just that, I should have the child back at 11:59pm at the end of the day or does that mean the remaining days of the childs Christmas vacation, to which in the order there is no return date or time?

It means by the end of the DAY. If he doesn't return the child then get the police to go with you to pick the child up from his home.

 

[Mattiesmom]

I quoted everything word for word under the title of Holiday and other Visitation according to the divorce order.
And my concern of him not returning the child is he has threatened ( in the past before TPR idea of his) to take the child out of state to live with some relatives. Although we are divorced he is still emotionally abusive and makes remarks that I understand, but without someone knowing the whole story they would not think much of the comments he makes.

 

[BL]

My question is if I type up an agreement between the father and I that he would return the child on Wednesday, have it signed by the both of us in agreement, would this be a legal agreement enforceable if he then decides not to return the child or would I be considered in contempt if I keep the child until mediation can be arranged if he does not agree to return the child on Wednesday?

No a signed statement won't be legal and enforceable.

You " BOTH " have to follow the orders , or face contempt . The orders are already in place,and are valid unless or until modified in the Court of Law.

 

[Mattiesmom]

Thank you so much everyone for this clarification. I just want to have everything covered just in case the bio father does show. If he does excersise his visitation and does not return the child by 11:59 p.m. on Sat. would that be a form of child abduction ? If the child is not returned then, the police would have to go get him because I have a protective order against the bio father for physical abuse, the only time we can be within 300 yards of each other is during child exchange.

 

[rmet4nzkx]

Please cite the remaining regular visitation. If he is entitled to the weekend, then he can keep the child until Sunday, If he has a winter, spring, summer visitation what are these?

 

[stealth2]

Thank you so much everyone for this clarification. I just want to have everything covered just in case the bio father does show. If he does excersise his visitation and does not return the child by 11:59 p.m. on Sat. would that be a form of child abduction ? If the child is not returned then, the police would have to go get him because I have a protective order against the bio father for physical abuse, the only time we can be within 300 yards of each other is during child exchange.

Probably not - it would be contempt of the visitation order. I, personally, would tell Dad to have him back Sunday morning.