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Interpetation and wording

jennipalmerjennipalmer member
in Blended Families

THREE-DAY HOLIDAYS
The holiday will begin on the day observed for the holiday at 9 AM and conclude
at 9 AM the day following the three day holiday weekend, or the day following the
holiday where not attached to a three day weekend.

My ex has President's Day above is the exact wording of the decree, he is trying to say he get entire 3 day weekend even though it is my weekend. The way I read it is he get kids back 9am on Monday the day the holiday is observed until the following school day.

 

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Re: Interpetation and wording

  • jaded99jaded99 member
    You are correct.
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  • Ginlyn0Ginlyn0 member

    Where is it designated who gets what holiday because that certainly doesn't say? Is it supposed to be his holiday? From the way I read it I think he is correct, if you have something else in the order saying he get's president's day. If not, then I would say it's your holiday. It looks like the wording is trying to say if a holiday is attached to a weekend the entire weekend and the holiday is that persons. If it's not attached to a weekend then that person only gets the one night. The wording is awful.

    In our COs, whomever has the kids for the weekend gets the extended weekend for holidays. The only holidays that are not that way are Christmas and Thanksgiving.

     

    DD(14),SD(13),SS(11),SS(9),DS(3)

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  • jennipalmerjennipalmer member

    LOL I think is it funny you say the wording is awful. I totally agree but it is standard holiday schedule for the district court we are in. I have such a hard time understanding any of it I end up asking my attorney then when I tell my Ex he gets mad I bring my attorney into it. But he married a paralegal and DH and I know nothing about legal wording so only thing I can do is ask my attorney.

    As for the part that says who's holiday it is, it basically list the holiday then says if mom or dad gets odd or even years

     

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  • CFjo2010CFjo2010 member
    imagejennipalmer:
    LOL I think is it funny you say the wording is awful. I totally agree but it is standard holiday schedule for the district court we are in. I have such a hard time understanding any of it I end up asking my attorney then when I tell my Ex he gets mad I bring my attorney into it. But he married a paralegal and DH and I know nothing about legal wording so only thing I can do is ask my attorney. As for the part that says who's holiday it is, it basically list the holiday then says if mom or dad gets odd or even years


    As a paralegal myself, even I'm having a difficult time understanding what this is supposed to mean. I feel like I'm missing something. What is the standard visitation schedule? Are exchanges usually done at school and that's why this ends at 9 a.m.? Does the standard weekend end with the parent taking the child to school Monday morning?

    This is the way I'm reading it: if the holiday lands on the Monday immediately following the parent's weekend, and again I'm assuming the standard weekend in your schedule ends with the parent taking the child to school Monday, then that parent gets to keep the child and do school drop off Tuesday morning. If the holiday is not attached to that parent's weekend, then the parent gets the child on the day of the holiday at 9 a.m. and then keeps the child until school time the next day. But again, without reading your entire visitation schedule it's really hard to say what exactly this means.

    Have your attorney tell you what to do on this one. If BD gets mad, tough. It's better to consult with an attorney and make sure you do the right thing than to try and sort through legalese on your own.
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  • FutureMrsWittigFutureMrsWittig member
    "The day observed for the holiday" is Monday, President's day.  He gets them at 9am and keeps them until 9am Tuesday.  The way I'm reading this it has nothing at all to do with the "weekend" except to designate that it's an additional day out of school so the regular visitation schedule isn't followed.
    Mama of 2: one who grew in my womb, both who grow in my heart.
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  • bebe11bebe11 member
    imagejennipalmer:

    THREE-DAY HOLIDAYS
    The holiday will begin on the day observed for the holiday at 9 AM and conclude
    at 9 AM the day following the three day holiday weekend, or the day following the
    holiday where not attached to a three day weekend.

    My ex has President's Day above is the exact wording of the decree, he is trying to say he get entire 3 day weekend even though it is my weekend. The way I read it is he get kids back 9am on Monday the day the holiday is observed until the following school day.

    I think it is pretty clear.  It says the holiday (which is on Monday) will begin at 9am, until 9am the next day.  So he would have the kids on Monday morning at 9am until Tuesday at 9am.  I think where it might be confusing is at the top where it says "Three Day Holidays" President's day really isn't a three day holiday, unless it means that you observe it as one, therefore the holiday would start on Saturday?  Ok, so maybe it isn't as clear as I thought!  Sorry...

     

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