Skip to main content

If I have in my parenting plan that my parents get 10 consecutative days a year with my kids, can my daughter go if her dad "No"

Lake Stevens, WA |

In my parenting plan under the summer schedule it states both sets of grandparents get 10 consecutative days with the kids as long as it doesn't conflict with any summer scheduling. My children have gone to Az for two weeks every year for the past 5 years. Now my Ex is saying my daughter cant go if she is going to miss any school this year. She has a learning disability but she always takes her homework with her and completes it. She lived with him for a few months and came back home and he is ticked off she did that. So I feel this is retalition. He has known about this trip and three weeks ago and two weeks ago we talked about it and he was fine with it. Now he is saying if he didnt put it in writing or text he doesnt remember. Can I use my parents 10 days for this trip?

Attorney Answers 3


  1. It depends on the specific language in the PP. If the provision is specific to summer, why would missing school be at issue.? A PP is a court order and he just can't ignore it.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements


  2. Sounds like you have planned a 10 day trip during school, your ex objects, and you want to use your parents' summer time per the parenting plan. That's a stretch. You should consult with an experienced attorney before you do this. See my AVVO Legal Guides for more information about the legal issues raised by your inquiry. Click on my photo; on my AVVO home page scroll down to "Contributions"; click "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. You may also want to schedule a free ½ hour consultation with me by calling my office at 253-815-8440.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes


  3. One other thing to consider is does your parenting plan have a priority section? Meaning, does the summer schedule have priority over the school schedule? It can be another basis for you to get court approval to allow the vacation because the vacation was previously contemplated by the parties and the plan allows the summer schedule to have priority over the father's residential time during the school schedule. Obviously, it all comes down to what the parenting plan states. Let me know if I can be of any further assistance. Good Luck!

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics