Shay-Pari'e
Senior Member
I have a rather easy question for the poster........Have you been notified she will fail her grade if she does not attend summer school?
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Summer Visitation Question
- Thread starter justlilolme
- Start date
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Whyte Noise
Senior Member
Since the OP said that the "decision" on whether to place the child in summer school has to be made by May 6th, and the fact that it was said, "Mom wants to put the child in summer school due to her grades and struggles throughout the school year." I imagine that child isn't going to be retained back. If that were the case, it would have already been stated somewhere in the past 4 pages that if the child didn't attend summer school, then she would be retained.
As for the interpretation of the wording of the court orders:
"...(Father's Name) shall have visitation with the minor child during her summer vacation from school. The visitation period shall not begin sooner than one week following the end of school for the summer vacation and end not later than one week prior to the start of school in the Fall."
The end of school for the summer vacation for the posters county in Missouri is May 20th. Custody orders follow the school calendar, that's why there is no set "dates" as far as the day school ends for summer recess, and starts back in the fall. All districts can be on different calendars that vary from district to district. Summer school is not considered part of the school calendar year in any district though. As a guide, here is the school calendar from the school district my children attended:
http://www.monroe.k12.mo.us/Middle School Web Page/calendar.htm
Note the end of school date: May 20th. Nothing in the school calander about summer school. And in that district, summer school will start May 31 and go to July 1. So even that is different than the district the OP is talking about. The "end of school for summer vacation" is the last day that school is in session in the regular calendar year, not after school ends, summer school begins, and then summer school ends.
Now, according to the court orders, the father would be able to start his summer visitation no earlier than May 27, 2005. (No sooner than one week after school recesses for the summer vacation.) However, the mother also gets first choice of which 2 weeks she wants. So... if the mother chooses the first 2 weeks immediately following her one week after school recesses, then the child will be in summer school until June 9th. That's it. All the mother gets is 2 weeks, and that 2 weeks would end on June 9th (May 27, until June 9.) Since summer school starts on the 6th of June the child would be go for 4 days (Mon. the 6th thru Thurs. the 9th), and that's legally all the mother can keep her for. After the 9th, her 2 weeks would be over and the child would have to be handed over to dad for his visitation time.
Is it really worth it to sign the child up for summer school in Mom's district, when she'll only be able to go for 4 days because of the court order?
The problem of the wording "If they do, final decisions affecting the child shall be made by the parent who then has psysical custody of the child" is that mom may have the child in her physical custody when the decision has to be made... however, she will NOT have the child in her physical custody after the 9th of June if she takes her 2 weeks at the beginning of the summer. Sure, she can sign the child up for summer school... but after June 9th when DAD has physical custody the ball is in his court.
I'm sorry... but the court order is specific on when the summer vacation starts (end of school for summer vacation) and dad would get the child no later than June 9th if mom takes her 2 weeks first. The end of school is May 20th. Just because mom wants to enroll the child in "extra" school doesn't negate the school calendar.
As for the interpretation of the wording of the court orders:
"...(Father's Name) shall have visitation with the minor child during her summer vacation from school. The visitation period shall not begin sooner than one week following the end of school for the summer vacation and end not later than one week prior to the start of school in the Fall."
The end of school for the summer vacation for the posters county in Missouri is May 20th. Custody orders follow the school calendar, that's why there is no set "dates" as far as the day school ends for summer recess, and starts back in the fall. All districts can be on different calendars that vary from district to district. Summer school is not considered part of the school calendar year in any district though. As a guide, here is the school calendar from the school district my children attended:
http://www.monroe.k12.mo.us/Middle School Web Page/calendar.htm
Note the end of school date: May 20th. Nothing in the school calander about summer school. And in that district, summer school will start May 31 and go to July 1. So even that is different than the district the OP is talking about. The "end of school for summer vacation" is the last day that school is in session in the regular calendar year, not after school ends, summer school begins, and then summer school ends.
Now, according to the court orders, the father would be able to start his summer visitation no earlier than May 27, 2005. (No sooner than one week after school recesses for the summer vacation.) However, the mother also gets first choice of which 2 weeks she wants. So... if the mother chooses the first 2 weeks immediately following her one week after school recesses, then the child will be in summer school until June 9th. That's it. All the mother gets is 2 weeks, and that 2 weeks would end on June 9th (May 27, until June 9.) Since summer school starts on the 6th of June the child would be go for 4 days (Mon. the 6th thru Thurs. the 9th), and that's legally all the mother can keep her for. After the 9th, her 2 weeks would be over and the child would have to be handed over to dad for his visitation time.
Is it really worth it to sign the child up for summer school in Mom's district, when she'll only be able to go for 4 days because of the court order?
The problem of the wording "If they do, final decisions affecting the child shall be made by the parent who then has psysical custody of the child" is that mom may have the child in her physical custody when the decision has to be made... however, she will NOT have the child in her physical custody after the 9th of June if she takes her 2 weeks at the beginning of the summer. Sure, she can sign the child up for summer school... but after June 9th when DAD has physical custody the ball is in his court.
I'm sorry... but the court order is specific on when the summer vacation starts (end of school for summer vacation) and dad would get the child no later than June 9th if mom takes her 2 weeks first. The end of school is May 20th. Just because mom wants to enroll the child in "extra" school doesn't negate the school calendar.
justlilolme
Member
MissouriGal
I agree with your logic wholeheartedly, except that what we are discussing is an educational decision and that once the child is enrolled in summer school they are no longer on summer vacation until summer school ends.
I agree with your logic wholeheartedly, except that what we are discussing is an educational decision and that once the child is enrolled in summer school they are no longer on summer vacation until summer school ends.
Whyte Noise
Senior Member
Yes, they are.
Summer vacation starts on May 20th. Period. Just because the child is enrolled in an extra session of school DURING the summer vacation does not negate the fact that school lets out for summer recess on May 20th. That's what everyone is trying to get you to understand. The court order is going by the last day of school for the regualr session, NOT the additional one that mom wants to enroll the child in. Summer school is NOT a requirement and is NOT part of the regualr school calendar, and the regular school calendar is what the visitation orders are based on.
Would you like me to post what mine says?
Summer vacation starts on May 20th. Period. Just because the child is enrolled in an extra session of school DURING the summer vacation does not negate the fact that school lets out for summer recess on May 20th. That's what everyone is trying to get you to understand. The court order is going by the last day of school for the regualr session, NOT the additional one that mom wants to enroll the child in. Summer school is NOT a requirement and is NOT part of the regualr school calendar, and the regular school calendar is what the visitation orders are based on.
Would you like me to post what mine says?
CJane
Senior Member
justlilolme said:
You've been given very sound advice. The overwhelming opinion of the people on this site, several of whom reside in your state and have had dealings with similar issues, is that you cannot use summer school to interfere with Dad's visitation without his consent.
Summer vacation in Missouri begins with the end of the school calendar - somewhere around the 3rd week of May. Summer vacation may be interrupted by summer school, but because that period of 'school' is not compulsory, it is not considered 'school' for the purposes of the parenting plan.
Because you clearly do not believe us, you should really consult with an attorney. Or, go ahead and make the decision and force a contempt charge.
Whyte Noise
Senior Member
And let me state again...
Mom would be perfectly within her right to enroll the child in the summer school since the decision has to be reached by May 6th and she will have physical custody at that time.
However, once June 9th hits (If mom decides to take the first 2 weeks), it's DADS time and he does not have to allow her to stay there to go to summer school. He can legally take her to his home and there's nothing the mother can do about it, as it would no longer be HER parenting time and she wouldn't have physical custody of the child after that date.
She could no more force dad to enroll her in summer school than dad could force her NOT to.
Mom would be perfectly within her right to enroll the child in the summer school since the decision has to be reached by May 6th and she will have physical custody at that time.
However, once June 9th hits (If mom decides to take the first 2 weeks), it's DADS time and he does not have to allow her to stay there to go to summer school. He can legally take her to his home and there's nothing the mother can do about it, as it would no longer be HER parenting time and she wouldn't have physical custody of the child after that date.
She could no more force dad to enroll her in summer school than dad could force her NOT to.
Inquiry123
Member
Checklist Update...
The registration deadline for the following schools occur during Mother's period of custody:
Sunday School
Driving School
Vacation Bible School
School Of Hard Knocks
Wouldn't it be in the child's best interest to enroll her in each of these educational forums, Your Honor?! After all, how would Mickey Mouse and a sno-cone really be of any worth to the child?!
The registration deadline for the following schools occur during Mother's period of custody:
Sunday School
Driving School
Vacation Bible School
School Of Hard Knocks
Wouldn't it be in the child's best interest to enroll her in each of these educational forums, Your Honor?! After all, how would Mickey Mouse and a sno-cone really be of any worth to the child?!