Our Parenting Plan says "Each parent shall be entitled to two uninterrupted weeks of residential time every summer."
In the past two years, I've always taken this time with the kids as two consecutive weeks. This year, I would like to take one full week in July and one full week in August. Does the wording of our plan allow for that, or do I have to take all two weeks at the same time?
Criminal Defense Attorney
The purpose of the "two uninterrupted weeks" is so parents can travel with the children on vacation. I agree with my colleague that this can also mean two separate weeks. One step you can take now to avoid upsets is to state your summer plans in a lettert to the ex. With plenty of warning, if there is an issue, it will likely be resolved before the time of vacation, and avoid disruption. Plus, it will sound very reasonable to the court, if needed, and courts like "reasonable" and they like kids to have vacations with their parents.
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3 lawyers agree
Child Custody Lawyer
Usually, at least in the Parenting plans I draft, a party must identify which two weeks they want by a certain time prior to summer. Absent language to that effect, if you cannot agree, the alternate dispute resolution provisions should kick in to resolve the issue, You should comply with that provision (its in Section V of the parenting plan) before taking any other steps.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
Family Law Attorney
I concur with Mr. Tanner. In my opinion and experience, taking a step back to discuss the "shall be entitled to" language can take you a bit further. Although you may be tempted to hold the other parent accountable, my experience has been that once the other parent receives formal notice about the dispute resolution clause emotions escalate. The DRC clause is in the parenting plan for a very good reason. That being said, some of my clients have experienced success when formal institutions are not involved at the front end (including the DRC, mediators, lawyers and the court system) and the issue is addressed then. What I propose as a possible first step - although appearing unlikely right now - may be more effective and durable for your family.