My ex and I have been divorced for 2 years, and our parenting agreement allows each parent to take 2 non-consecutive weeks of vacation per year once our child turns 4. The agreement requires notifying the other parent at least 30 days in advance and gives date preference to the mother in even years and the father in odd years. Vacation time overrides routine parenting time but not the holiday schedule. The agreement does not define “one week” for vacations.
I informed my ex that I planned a one-week vacation with our son from Sunday to Sunday in September. She denied this, arguing that it constitutes an 8-day vacation because it spans from Sunday to Sunday and that “one week” should be 6 nights and 7 days. She also said my vacation can’t overlap with her weekend parenting time and should be scheduled within my weekend nights plus 4 additional nights.
I interpreted that my vacation could be any 7-night period, as long as it doesn’t conflict with a holiday.
What do you think about her interpretation versus mine?
Your interpretation of “one week” as any 7-night period seems reasonable, especially since the agreement doesn’t define it precisely. Her interpretation could be seen as overly restrictive. Consider discussing it with her or mediating to find a fair solution.
Enjoy your holiday. She is free to ask the court for clarification if she needs it.
A seven-day vacation typically begins and finishes on the same day. That is, Friday from 9 a.m. until 9 p.m.
My instruction makes it clear that the parents’ weekend needs to be a part of the vacation. I therefore usually begin it on Friday and finish it the following Friday. In this manner, there is no room for negotiation regarding transfers.
@Mary I concur with this. And if he tried to drag you into court, and if he could even find a judge to hear this case, the judge would just make a clarification for your future use. Most certain, you wouldn’t face any consequences for this, including disdain.