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Interpretation needed...

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  • Interpretation needed...


    I am confused as to what is the right thing here..

    My situation is alternating weeks shared custody with the christmas break alternating, as in last year my ex got the first week of the break with my son and this year I get the first week of the break with him. This worked our good as I had him for the last week of school and the first week of the two week break, and my Lawyer stated that this works as it alternates the years so each year the child will spend alternating holidays with each parent.

    The problem is that my ex's lawyer has told her his interpretation being that if I get two weeks then she gets two weeks, meaning there is no alternating schedule for the year meaning that she gets the last week of the break and the first week back at school. Then we alternate from there.

    I would think that it is in the child's best interest to have the opposite week with the other parent each year, is this incorrect?

    If we do the two weeks for two weeks, is that a valid interpretation of an order for alternating weeks with alternating holiday time at christmas?
    If not valid why?

    I would like for instance to have haloween with my son at least once before he is married with his own children, as it is, my ex always gets that week.

    My lawyer made it clear to me that the two week switch at christmas would alternate the schedule yearly and now that all lawyers are on holidays, my ex tells me that she will be keeping my son for the next two weeks (last week of break and first week of school. What should I do?

    I should add that there is no provision in the order we have stating that there is to be a two week compensation for a two week period of care by one party.

    Thanks in advance and merry christmas to all.

    Last edited by Duped; 12-24-2006, 06:01 PM.

  • #2

    you should convey your thoughts on the rotation.

    Halloween is just one evening, However, Christmas, New Years, Mother's Day, father's Day is also just one day of the year. To me they are of equal significance. A child is only a child once and these special times should be shared.

    You should convey to your ex, your feelings on the matter and the reasons why and request an amendment if necessary. If they are not willing to share the child's Halloween, ask if you could attend the child trick or treat session or see your child for a brief time to facilitate pictures etc.

    Such holidays float around during the year such as easter, thanksgiving, march break, father's day, mother's day etc

    My own personal preference for shared custody regime is a split week.



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