Announcement

Collapse
No announcement yet.

"Vacation schedule"- what does it mean?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • "Vacation schedule"- what does it mean?

    Hi everyone,

    What does, "Regular access shall be suspended during the vacation schedule" REALLLLY mean ?

    It is not so obvious to me.

    With a sole custody/ every other weekend access regime, what is the typical time sharing during summertime for school-aged kids? Mine are 5 &7.

    Clause reads:
    (c) Summer holidays: "X shall have 2 separate one week perios of summer
    access with the children. Starting summer 2008, X is entitled to two
    consecutive weeks. X must notify Y in writing which
    weeks....by.....each year. Y shall be entitled to two consecutive weeks
    with the children during every summer. Regular access shall be
    suspended during the vacation schedule; and

    (d) as may be agreed upon by X and Y.

    -- What does this mean? Anything I should be concerned about?

    Ex and I don't communicate at all - at ex's wish. So I wish to leave no room for misinterpretation.

    Thank you very much,
    inlimbo.

  • #2
    Not clear who is who here... we do not know who X and Y are, and if you are X or Y and which one (X or Y) has the every other weekend access (btw, brutal schedule)...

    What I think it means is that the vacation schedule overrides the regular schedule (duh). Makes sense since your regime is only every other weekend for X/Y and vacation would extend that into X/Y's week time.

    The problem is when do these vacation periods start: Friday 4:30pm until the next Friday at 4:30pm? And on which weekend (X's or Y's)? And so on? In the "divorce-from-hell" these kinds of little details will kill yah...

    The typical time sharing is to split the summer evenly (or at least as even and fair for everyone). The "divorce-from-hell" summer time sharing is one person (the winner, the sole-custody God) allows these horrible one or two week visits.

    Maybe replace X/Y with CP (custodial parent ) or NCP (non-custodial parent) in your example and are you the CP or NCP (I assume NCP since CP's rarely ask... they simply dictacte terms).

    Have a good summer... vote to Reform the laws.

    Comment


    • #3
      Well... what normal people do is:

      - have joint custody
      - have 50-50 (joint) access
      - have little or no support
      - do no enter courts
      - do not use lawyers
      - move on in 3-6 months...

      And with 50-50 you don't really worry about such things as holidays and vacations since you will basically share the summer evenly anyway (e.g. if you had week on/week off). And if either parent wanted some additional time they would work it out since there was not years of court/lawyers/fighting to block such simple and humane requests for vacation travel/time.

      Think of divorce like the movie The Matrix. Once you pick a pill... there is no turning back.

      Comment


      • #4
        Decent Dad,


        Think of divorce like the movie The Matrix. Once you pick a pill... there is no turning back.
        Thats hillarious!

        lv

        Comment


        • #5
          "The "divorce-from-hell" summer time sharing is one person (the winner, the sole-custody God) allows these horrible one or two week visits."


          This is where we are at, or where spending two 2-week periods over the summer too much time away from siblings and Custodial Parent. Literally dozens of psychological assessments and countless counselling sessions later and now, for the past two years, ZERO access. Courts response, sucks to be you Mr. non-custodial parent. We'll listen to how you plan on undertaking more counselling though to “reintroduce the child into your life, and how you plan to begin strict supervised access. The whole monthly access went out the window with the last request by the ex for yet another psychological assessment even thought the order said for access to resume on a monthly bases until the custodial parent could prove otherwise. But the court didn't realize that when they added the Claus, "the father is to head the advice of Dr. XX and not force the child into access."

          Wow, I went off topic didn't I?

          I think "Regular access shall be suspended during the vacation schedule" means that the every other weekend regime is suspended during the summer when school is out and to be replaced by these one and two week intervals, then the every other weekends are to resume after the school resumes in the fall.


          FL
          Sorry about the off topic

          Comment


          • #6
            Originally posted by logicalvelocity
            Thats hillarious!
            lv
            Being back in court makes me more cynical....

            Comment


            • #7
              Originally posted by FL_Needs_To_Change
              FL
              Sorry about the off topic
              Hey, don't be. This SYSTEM is insane from top-to-bottom... and side-to-side. The system is biased and broken... all the lawyers know this... it is f*cked up beyond belief. And you have to live it to beleive it.

              Hang in there,.... don't give up.

              Comment


              • #8
                LV,

                I also liked this one:

                "Whoever battles monsters should take care not to become a monster too, for if you stare long enough into the Abyss, the Abyss stares also into you."
                —Friedrich Nietzsche, Beyond Good and Evil, chapter 4, no. 146

                inlimbo... sorry, we kind of thread-jacked your topic here...

                Comment


                • #9
                  FL

                  You post your views with what appears to be a real life experience with the family law system and this knowledge that you provide and share is a significant wealth to the members of this forum. This is what its all about


                  lv

                  Comment


                  • #10
                    inlimbo,

                    I echo what Decent Dad has mentioned; It appears alternating weekends is suspended for the one parent for the summer months. There may be problems between the parties if no specific times are mentioned and are unable to agree on the ambiguous terms.

                    To me, a reasonable time share is the children should be able to share an equal amount of the complete summer with both parents. Some years the kids have 10 weeks of holidays and other years they have around 9 weeks.

                    As a guideline, the last day that school recess's for the school year is a good switch over point.


                    lv

                    Comment


                    • #11
                      Thanks Decent Dad, lv, and Fl Needs to change

                      Hi,
                      Thank you all for your replies. Much appreciated.

                      I'm sorry for the confusion re: X and Y, I used such because in reality neither of us have custody (see my posts from last yr)

                      For purposes of my post, I guess I am the CP. I live with the kids and ex didn't seem to be interested in seeing the kids until I traced ex and mentioned of the fraudulent order which mentioned joint custody and made no mention of any terms of access. It also mentioned that ex was to pay C.support.....which ex never did till last yr.

                      Ex got lawyer friend to represent him since he feared I'd come after them for 5 years-arrears (which I really haven't), this forced me to find a lawyer as well. Soon after, ex remarried and quickly said to my laywer that I could have custody (ex's lawyer told my lawyer this in writing).

                      But we were already in the middle with lawyers. Mainly addressing changes in access times for ex as he wishes. Ex and I have never spoken since 2001. How? At drop-off and pick-up times ex stands miles away. If I try to call, they say 'talk to my lawyer'. I can't seem to understand why they want to keep dealing thru lawyer (I think it is b/c they don't pay...but I do!)

                      As I said, I really have no issues with ex having access,but I think delay comes from lawyer being interested in pursuing Child Support & arrears.

                      If I tell lawyer that I forgive all 5-yr child support arrears and don't care for current disclosure of ex's $$ for Child support, will this allow us to have a "Final Court Order" since it will address all (access/custody/ C.support)issues?

                      I still would like to know, given what you know, at this point are we to have drafted an Agreement or a Final Court Order?

                      Also, I agree with you: I should fire my lawyer.

                      Again, thank you.
                      Inlimbo

                      Comment

                      Our Divorce Forums
                      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                      Working...
                      X