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Does Holiday parenting time supersede any other schedule in our situation?

Blackwood, NJ |

The agreement between both parties is that Dad gets child every Friday from 9AM to 5PM for regular parenting time. It further states that every year Dad will get Good Friday from 6PM to Saturday at 6PM and then dinner visits every other year for Easter. Does the Good Friday holiday time mean that Dad is not able to exercise his normal every Friday visit? The times do not interfere with one another and the agreement does not indicate one way or the other.

Attorney Answers 5

Posted

Holiday and vacation time trump regularly scheduled parenting time.

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Posted

While I understand they trump regular parenting time, this particular day does not conflict w/ the regular parenting time, because the times are different. Does that count or no just the fact that the day is listed as a holiday?

Posted

Holidays usually supersede parenting schedules when they conflict, unless the agreement or court order say otherwise.

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Posted

While the specific language of the court order or agreement will govern the dispute, holiday parenting time generally trumps regularly scheduled parenting time.

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Posted

This is a fairly easy one -- as the others posted, the general rule is that holiday time trumps a regular schedule.

If there's disagreement about it, you'd need to file an "order to show cause" (request for emergent action) with the court. If you're doing it pro se, go to the courthouse and they should have paperwork you can fill out. Remember to bring a copy of the order(s) you're seeking to enforce.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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Posted

Unless your order states otherwise, holiday parenting time always takes precedent over normal parenting time.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. Disclaimer: You cannot rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation. Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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