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  • Interpretation

    Ok... agreement says parent 1 gets kids on Good Friday from 9 am-9pm.

    Parent 2 gets kids Easter Sunday, notwithstanding it falls on parent 1 parenting time.

    Easter Sunday does not state a time.

    If parent # 1 gets kids Friday at 9 am. Is it interpreted they be returned Easter Sunday at 9 am.

    Or does Easter Sunday mean technically they should be returned Saturday evening ?


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  • #2
    What does the rest of the weekend normally look like? In terms of exchanges.

    But I think the safe interpretation is Sunday 9am-9pm...the same as easter Friday?

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    • #3
      Well it’s parents 1’s time so parent 2 even offered Thursday evening pickup to accommodate extra time being given for a sunday 9 am return time.

      What would a judge think? Parent 2 is being reasonable in offering even more time for asking for a return time Sunday at 9 am?


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      • #4
        Your agreement says notwithstanding which means regardless of the regular schedule, the holiday is your time.

        Post the whole wording without your names for people to comment.

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        • #5
          Here is how agreement is worded. Yes it sucks we didn’t think about return times being stipulated. I am sure paying for it now in many other ways to by not have a detailed agreement.

          “Easter – the Good Friday holiday from 9am- until 9pm or as the parties otherwise agree; provided that the wife shall have the children on each Easter Sunday notwithstanding it may fall on a weekend of the husbands access..”




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          • #6
            Yes thats why the “as the parties agree” is added. If you can’t agree, its 9 pm.

            Considering you are giving additional access that weekend, he should be happy to get it.

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            • #7
              From what I understand:

              If it falls on Dad’s normal weekend (assuming he is “Parent 1”) He has kids from 9am Friday through Saturday until Easter Sunday morning-although time is not specified I would assume 9am on Sunday. You have children on Easter Sunday from 9am-9pm (or overnight if Sundays are normally your night). If you are supposed to bring kids BACK to him Sunday night (not sure what your regular schedule is?) perhaps make the time a little more reasonable (ie 7pm?)

              If it falls on your regular weekend (assuming you are “Parent 2”) Dad has kids from 9am Friday til 9pm Friday. You have them the rest of the weekend.

              Unless I’m missing something in there

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              • #8
                Dad moved 45 mins away. Dad had always done drop offs and pickups. Dad is refusing to rerun the kids at 9 am Sunday. I offered Thursday even as well so he didn’t have to drive in Friday for 9 am since he works where the kids live. Thursday just makes more sense. He wants to return them 1 pm Sunday.


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                • #9
                  Ohhh gotcha. You may have to make an exception to the driving “status quo” situation to get what you want. Unfortunately it sounds like he’s being difficult and interpreting an obvious all day access order to whatever suits him. Anybody who reads that is going to assume Sunday morning, not 1pm. But it definitely should have been specified when written.

                  Do you think if you offer to pick up Sunday at 9 he will bend?

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                  • #10
                    He doesn’t bend on anything. He sent me an email with my options. Lol

                    Some interpret it as it doesn’t matter that it’s his weekend he only gets Friday for the 12 hours. Which I don’t think is fair. I am giving him three nights. For him to return them. The agreement does also state dad is to do the driving. If he wasn’t so unreasonable and didn’t owe me almost 5k. Asking for a favour here and there is ok. But they are never reciprocated.

                    Yes my agreement sucks and we are in court right now trying to get it amended.


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                    • #11
                      Sounds like my ex. not a fun situation

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                      • #12
                        Almost all agreements state that the holiday schedule overrides the regular schedule. This is because almost all agreements switch off holidays. If they didn’t then one parent may get shafted on holidays because their access time never falls on the holiday. Its basically to ensure the holidays are balanced. Your agreement uses weird words but it states the holidays override the regular schedule. Your ex is trying to argue its his weekend so it doesn’t matter. He has no leg to stand on because you have the holiday rule.

                        To be kind, you’ve offered him MORE time on YOUR weekend and he is being a jerk about it. If he doesn’t want to play nice, you follow the agreement and he gets bupkiss.

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                        • #13
                          So Dad was full on advised of what time to bring children home and his lawyer says his position has not changed. He is refusing to bring the children home at the end of his access period.

                          How bad will this look on him since we currently are in litigation??

                          He has been informed of the expected return time after many efforts to offer more time than his normal access.

                          I’m not sure why his Lawyer isn’t making it clear what his actions may cause.

                          This would be the second time the children have missed holiday time with me because of his refusal to cooperate.


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                          • #14
                            I'm not sure what your options are in terms of getting him to comply when it looks like he won't.

                            Will it be the *worst* thing if you miss your holiday with them? if not. I would not die on this hill and spend tons of money trying to "win" this battle. Instead, I would send correspondence and let him know that you're really disappointed with his decision to not follow your agreement. That this really hurts the kids because they're missing another holiday with their mom.

                            Basically- write it like a judge is going to be reading this at trial and think "what a dick".

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                            • #15
                              Originally posted by iona6656 View Post
                              I'm not sure what your options are in terms of getting him to comply when it looks like he won't.

                              Will it be the *worst* thing if you miss your holiday with them? if not. I would not die on this hill and spend tons of money trying to "win" this battle. Instead, I would send correspondence and let him know that you're really disappointed with his decision to not follow your agreement. That this really hurts the kids because they're missing another holiday with their mom.

                              Basically- write it like a judge is going to be reading this at trial and think "what a dick".


                              I have already accepted they will be missing it. I’m just wondering how I can include it in the SC brief to show he has now done this twice... he is blatantly ignoring a binding separation agreement that is filed with the courts. Yet if I were to do this with any aspect of it boom I am denying access and with holding the kids.


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