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  • Conflict in Vacation Days

    Hi Everyone,

    General question here. Separation agreement divided statutory holidays, and we are both offered a few uninterrupted weeks of vacation with kiddos. Perhaps oversight but agreement is silent on any conflict between the two.

    If the agreement says I have kiddos on Labour Day Monday, and then the ex decides she wishes to choose that week as a vacation week selection, what prevails? Do I lose my Labour Day Monday, or did she just select herself a 4 day vacation week? Thanks in advance.

  • #2
    I would ask her in writing to provide her interpretation of the clause.

    Then, if she says that vacations override statutory holidays, next year pick your vacation on her stat holiday. If she complains next year, send her a copy of her email where she says that vacation overrides stat holidays.

    Comment


    • #3
      The way we do it, is we each have 2 consecutive weeks in the agreement, nothing written about whatboverrides what, but in practice we both use this time in summer and it overrides stats and the regular parenting time. My ex usually takes time around early July and I take August long. I should add some stats and holidays are designed to certain parents and the rest just fall as they may with the regular parenting time. If parenting happens to fall in a stat that is not designated the kids stay there, same with school pd days . July aug and sept stats are all nondesignated stats in our agreement.

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      • #4
        Originally posted by Janus View Post
        I would ask her in writing to provide her interpretation of the clause.

        Then, if she says that vacations override statutory holidays, next year pick your vacation on her stat holiday. If she complains next year, send her a copy of her email where she says that vacation overrides stat holidays.
        lol. that sounds kinda vindictive. you're planning your revenge vacation a year in advance? c'mon.


        this is just my interpretation but in most other areas of contract law- the more specific term prevails usually. e.g. if labour day is specifically provided for you in the agreement- and the two weeks vacation is to be agreed upon- then the labour day provision for you prevails.

        but about the vacation clause- what's the exact term? don't you have a clause that says how vacations are decided?

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        • #5
          Court Order spells out rotating statutory holidays, and that we each get 2 uninterrupted weeks with the kids in the summer. I am thinking that the holidays prevail as they are to be "uninterrupted".

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