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Two week summer vacation interpretation?

Titusville, FL |

My paperwork states each party is entitled two weeks, fourteen days uninterrupted visitation with the minor child. The mother shall have first choice as long as she gives notice by April 1, each year. Visitation shall not commence until three days after school ends and shall terminate at least three days before school starts. The father thinks that this means that is the schedule over the summer two weeks on two weeks off! I told him he was wrong that it means he is untitled to a two week vacation but the visitation still stays the same? Is that true ?

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Attorney answers 3

Posted

You are correct, from what you have written and without reading the provision in your agreement he has two weeks, no more, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

The language that you used supports your interpretation. Each parent has an exclusive 2-week period and in the absence of language that adjusts other times the regular visitation would apply.

There is a rules of construction that the specific marks an exception to the rule. If nothing else is said that would establish an exception--the fathet's interpretation is based on nothing further--Tge. the general rule continued.

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Howard M Lewis

Howard M Lewis

Posted

great counsel

Asker

Posted

So if he threatens to keep the kids for two weeks and I no longer have a lawyer , if I try to forgo mediation would I be wrong to not let him have the kids but only on his normal visitation in the mean time? Summer has started and the process to go thru mediation might take some time.

Howard M Lewis

Howard M Lewis

Posted

You are correct, only give him the children for the time in your agreeement and if he fails to return them you can call the police and file a contempt type action, if you think my answer helped you, i woudl truly appreciate you marking it as best answer as that really helps me alot, take good care.

Posted

I interpret this to mean that each parent has a two-week uninterrupted block of time with the child during the summer which is an exception to the regular schedule.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Asker

Posted

But the regular visitation stays the same right?

Matthew Thomas Majeski

Matthew Thomas Majeski

Posted

That is how I would interpret that clause.

Asker

Posted

So if he threatens to keep them from me for a period of time he is not allowed and his lawyer is out of town until July what actions can I take in the mean time? Because I am afraid to give him the kids on his regular schedule not knowing his intentions!

Matthew Thomas Majeski

Matthew Thomas Majeski

Posted

You must honor your end of the order. If he violates his, you may motion the court for remedies, which can include, among other things, compensatory parenting time and attorney's fees.

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