7-day vacation entitlements + EOW access

[dinkyface]

We have a consent order that we+lawyers negotiated.

Each parent is entitled to take child on 14+7+7 day vacations (non-consecutive). For the 7 day vacations, CP must offer make-up time for any of NCP's access that is disrupted. There is no similar clause for when NCP takes the 7day vacations.

We did not discuss any limitation on when either parent could schedule vacations. First pick of weeks alternates yearly between parents.

NCP has a typical Weds + EOW access schedule.

So the question is... can NCP schedule a 7day vacation on the CP's weekend? (The question is moot for CP, due to the make-up provision)

[NBDad]

I would imagine that yes they could. From what you describe, there does not appear to be any provision that would prevent this.

As long as he is conforming to the first choice clause, then it appears the NCP is certainly able to do so. NCP can schedule the time for whenever they want.

If the CP schedules it for the NCP's week, then the NCP gets the time made up. (which is pretty common BTW). NCP doesn't have the children a sufficient amount of time for disruption to their access to be considered moot. CP cannot say the same.

If it's an issue, renegotiate the access/custody arrangement to give the NCP more time, then there would be an argument that could be made about tit for tat in terms of make up time.

[dinkyface]

The objection is that this means that NCP gets 3 weekends in a row. And weekends could be considered as 'premium time', since kid is in daycare 4/5 weekdays.

Just wondering that, if brought to court, if a judge would be likely to impose some extra restriction on NCP's vacation scheduling that was not in our negotiated order.

[billiechic]

NCP is already restricted to a small amount of time. If a CP brings that to court they are likely to get a slap from the judge. Doesn't matter if child is in daycare, most families don't spend daytime together so not worth mentioning.