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?
Child Custody Lawyer
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.
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Family Law Attorney
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.
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Family Law Attorney
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!