I have a standing custody order (50/50 regular timeshare) which stipulates holiday dates and which parent gets which holidays in odd or even years. This same order also indicates the parameters around each parent's selection of vacation dates in odd or even years. This year was my year to select vacation dates first and I chose a week over the 4th of July holiday, which is technically hers this year per the order. The order does not indicate whether or not selected vacation dates take priority over stipulated and defines holidays. Does vacation week selection typically take priority over holiday dates when this is not defined in the order?
By the way, I am not trying to cause conflict and attempt to avoid conflicting with holidays. The reason for the vacation week selection is that my son's Boy Scout summer camp is that week.
No. You must schedule summer vacation week around stipulated holiday time in absence of specific language in your order resolving this conflict.
Carefully review the order to determine if this conflict addressed within order.
Offer her a trade that she can't resist. And note that vacation schedules of necessity over-ride the regular custodial plan so I think that rule would, as a matter of logic, include holidays because they are part of regular plan, but Atty Burns thinks differently so maybe others will offer some sage advice.
Typically the holiday will take priority, however that does not foreclose your options. Sometimes there are ways to work with the other parent, even outside of Court, to facilitate both parents' requests. This can be through various options. Most family law attorneys can help you to find creative ways to work through these issues because holidays, vacations, and extra-curricular activities such as scouting events are common place for families. You should research some family law attorneys who handle custody disputes and contact a few to see if any of them can assist you in resolving this issue with as little conflict as possible.
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