Parenting plan allows 2 weeks- uninterrupted time of vacation w/ each parent. We typically break out 1 week @ a time. My ex wife is requested one week (a Friday start, includes her residential weekend, and ends the following Thurs. before my weekend starts)
Her second request starts on Thurs. night through Tues. night, over my residential weekend. Can she request dates over my scheduled residential time. I thought the intent of the clause was a Mon - Fri Request attached to your own scheduled weekend.
Do I have to give up this residential weekend? The clause states that in disagreement her dates prevail this year, but I dont feel she is apply the request for vacation time per the legal clause. I thought she would have to ask for my permission to give up my sche
What are my rights?
You need to review the entire parenting plan to see how the various sections are supposed to work together. There is a section that prioritizes the seven residential sections. (There are actually only six slots in the current pattern form because the school section is automatically the lowest priority.)
The vacation section may have a provision that notice must be given by a certain time (such as 3 months before the start of the vacation). There may also be a provision whether the vacation must be done one week at a time or both weeks together.
Neither you nor she should be needing the other's permission to take vacation with the child. That is what the parenting plan is for: so that the parents know exactly when the child will be with each parent. (Of course, when the parents can talk civilly with each other and be flexible, the parents and the child likely will encounter the least conflict with each other.)
If you two do not agree to the same interpretation of the parenting plan, there should be a section in the parenting plan specifying what you two need to do. Perhaps that is to go to mediation, arbitration, or some similar proceeding. Perhaps the parenting plan states that you two need to back to court.
You should review your specific facts with your attorney to find out what legal options you have.
The short answer is she can if the parenting plan does not state otherwise. The long answer is that if this is an issue it appears you have a flexible parenting plan rather than a rigid one, which requires following the exact letter of a tightly worded plan. Either talking things out with her or attempting to mediate the problem would be a logical, and financially prudent, step.
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