Stupid CO and BM vent (prob long)

slprice79

I have a question regarding our CO AGAIN, and wanted your guys opinions to see if you read it the way I do or if I'm crazy. Our CO reads like this

HOLIDAYS and BIRTHDAYS: For the holidays that create a 3 day weekend, the non-residential parent shall have parenting time from Friday to Monday when the holiday is their scheduled holiday. In addition, if there is an extended weekend as a result of a school conference, the non-residential may exercise parenting time for the weekend. During the even numbered years, the non-residential parent shall have the entire Christmas break for school age children. For preschoolers, the non-residential parent shall have up to 5 days during the Christmas break. The non-residential parent shall be entitled to any days afforded him/her - under the schedule so long as arrangements can be made at his/her expense.

(That is exact wording copied) Notice even though the paragraph is tited "Birthdays" it doesnt mention anything about birthdays in it.  Now later on in the CO (under the holidays that are broken down) it says:

 "The children's birthdays will be spent with mother in even years and father in odd years. Siblings should attend birthday events" Times are according to the child's availability or 10am - 7pm for a birthday falling on a weekend day or 5pm - 9pm for a birthday falling on a weekday."

So this year SS10's birthday falls on a Saturday. We asked her to meet us halfway so that we could have him for the day and she told us no. She said that we do not get it because it does not create a 3-day weekend. I believe it is our day and that she should have to meet us halfway. Um hello, when would your child's birthday EVER create a 3 day weekend? Its not like its a national holiday. Am I right or am I wrong? WDYT? We have to argue over this, it is the ONLY time the whole month of February that we could have parenting time. If we dont get it we will go 54 days before seeing him again so I dont think its a petty argument. Not to mention if we just say ok to her then we will never have him for his birthday.

karatechrissy

The non-residential parent shall be entitled to any days afforded him/her - under the schedule so long as arrangements can be made at his/her expense.

This right here makes me feel like you are required to pay. The paragraphs are fuzzy on that, though. It is clearly your year to exercise your right to have him on his birthday. Who pays and who has to meet who half way is questionable. If it were me, the way it's worded, she isn't required to take him half way. In fact, no where in there does it say that she has to meet you half way. That's just how I'm reading it. I'm sorry :-( I would definitely try to get something drawn up with clarification though. That could be an issue every year if she wants it to be. What a hastle.

nickelbabi

You are definitely entitled to get him on his birthday. The other paragraph is just a general paragraph and the heading is actually above the more specific holiday/bday paragraphs. I'm not sure if it talks about meeting half way somewhere else in your CO or if you even get the rest of the weekend for this case. If I were you, I would definitely make sure you get to spend 10am-7pm Sat.with him, even if it means driving the whole way.

Everytime we've gotten a CO there's been stupid mistakes that the court has made when they retyped everything which turns into loopholes. I know it sucks!

paris.inthe.spring

Your birthday, you pay for all travel, meaning she doesn't meet halfway. That is how I read it. I think it's pretty clear.

FutureMrsDrew73110

It is your year for his birthday from 10am-7pm, period. Unless it says somewhere else in the CO about meeting half way then I think you are responsible for going to get him. If it's the only time you get to see him for 54 days then I'd suck it up and drive all the way there to see him from 10-7.

slprice79

Sorry I couldnt get back before now, my internet was down all weekend

It does say later in the CO that all transportation is to be split equally between both parties. She refused to meet us halfway for our scheduled visitation in January so DH took 2 days off of work and drove the 20 hours just to see him for the weekend. I dont think he's going to be able to do it again. Not to mention I would like to see him too and I cant take time off of work and what about next year when his brother is here, we are going to want hm when we should have him. Its just so frustrating.Thanks for the advice though, I think we are going to try and see if she will compromise and maybe meet us the following weekend so we at least get to see him once in the month of February