My husband has scheduled time with his daughter over winter break. His ex-wife thinks that since she's given required 21+ day notice that she can take his daughter even though it's his scheduled time in the parenting plan. Are there any statutes or any other provisions to point to that would indicate what would supersede the other?
No, there is no statute which governs. The Parenting Plan may have a provision concerning priority of different types of parenting time. In general, I believe a court will not allow a parent to use their vacation parenting time to take away another parent's holiday time.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
Unfortunately, the statutes don't answer your question. Most parenting plans do state that "holiday" time supersedes "vacation" time. But whether a court would interpret one as having priority over the other would depend on the specific language in the parenting plan. A court, if tasked with resolving this, would probably also make orders modifying and clarifying this issue for the parties. Best of luck!
You can reach John Hoelle at (303) 415-2040 or [email protected] John is an attorney licensed in Colorado. Answering your questions online does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights.
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