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    cunfuzed's Avatar
    cunfuzed Posts: 140, Reputation: 2
    Junior Member
     
    #1

    Jan 4, 2009, 10:45 AM
    Holiday Visitation
    Doesn't the holiday visitation usually trump the regular visitation even if the order doesn't specifically say so.

    Example

    Wed 31 is ncp's standard visit from 6-8pm
    Wed 31 is also NYE and also the beginning of cps visitation from 6-8pm.

    Wouldn't that mean that cp keeps child at 6 and ncp does not get that standard visit for that day since the holiday visit starts at 6?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    Jan 4, 2009, 02:52 PM
    Quote Originally Posted by cunfuzed View Post
    Doesnt the holiday visitation usually trump the regular visitation even if the order doesnt specificaly say so.

    Example

    Wed 31 is ncp's standard visit from 6-8pm
    Wed 31 is also NYE and also the beginning of cps visitation from 6-8pm.

    Wouldnt that mean that cp keeps child at 6 and ncp does not get that standard visit for that day since the holiday visit starts at 6?.
    That's the way it usually works. A "holiday" is a special time set aside during the calendar year. Birthdays also can fall under that category. The standard schedule is the norm and the holiday / birthday schedule is the exception. So if a conflict occurs the then the holiday / birthday takes precidence.
    cunfuzed's Avatar
    cunfuzed Posts: 140, Reputation: 2
    Junior Member
     
    #3

    Jan 5, 2009, 10:43 AM

    Well I guess I should be expecting him to file contempt as he does for every little thing before thinking about it. I got a call from a sherriff but I didn't check the message until Sunday. Apparently he didn't know my visitation for NYE trumped his and called police

    If he files contempt, is it worth getting a lawyer?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    Jan 5, 2009, 01:15 PM

    If he does file and you can afford it Id say get a lawyer and in your response ask for him to pay if he were to lose. That way he can learn a lesson and it might provide for relief later.
    msir's Avatar
    msir Posts: 78, Reputation: -2
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    #5

    Jan 5, 2009, 01:35 PM
    Is it possible that it was his holiday.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    Jan 5, 2009, 04:05 PM
    Quote Originally Posted by msir View Post
    is it possible that it was his holiday.
    Wed 31 is ncp's standard visit from 6-8pm
    Wed 31 is also NYE and also the beginning of cps visitation from 6-8pm.


    If it were to occur this way as the example the custodial parent is the one " granted " the holiday visitation.

    The non-custodial parent would have to wait their turn till next standard visitation cycle.
    cunfuzed's Avatar
    cunfuzed Posts: 140, Reputation: 2
    Junior Member
     
    #7

    Jan 6, 2009, 10:44 AM

    Thanks cali. That's how I am going to write it to the court to make it a simple explanation in case he files for contempt

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