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Summer Visitation Scheduling Dispute/Court Order Interpretation

Rochester, NY |

Does the following paragraph mean that in the event of a disagreement that the parent that governs each year gets to decide when the other parent takes their full week? Or does it mean that in the event that the parents pick over lapping weeks that the parent that is governing for that year gets to keep their initial pick and the other parent must pick a different period and which can not be objected to?

"ORDERED that during the Summer each parent shall have two (2) non-consecutive one (1) week periods with the child, giving the other parent notice no later than May 1st of each year. In the event that the parties disagree, Mother's decision would govern in the even numbered years and Father's decision would govern in the odd numbered years;"

In addition... what happens when one party does not submit their choices by May 1st? Do they miss out on their full summer weeks altogether?

Attorney Answers 4

  1. Depending on what type of disagreement arises, it could potentially mean both. Consulting with an attorney in a confidential setting is the best way to analyze an Order's language with due diligence.

  2. It means that in different years one parent then the other gets 1st pick by a date certain. Then the other parent has to plan around that time period.

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  3. It means only if the weeks picked are in conflict the controlling parent that year gets their weeks chosen.

  4. The language you cited simply means that in alternate years each parent gets first choice of the weeks that they want for summer vacation. If a party fails to pick there weeks on time they do not loose their right to summer visitation; they simply loose their right of priority in choosing their weeks.

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