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  1. #1

    Default What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    My question involves a child custody case from the State of: CA

    Our order says that my Ex has the kids for "Thanksgiving break" this year. My normal visitation is the 2nd and 4th weekend. The 4th weekend would be Nov 25-27. Does this mean I don't get that weekend? In other words, is the weekend immediately after Thanksgiving considered part of "Thanksgiving break"?

  2. #2
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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    Quote Quoting Good Guy
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    My question involves a child custody case from the State of: CA

    Our order says that my Ex has the kids for "Thanksgiving break" this year. My normal visitation is the 2nd and 4th weekend. The 4th weekend would be Nov 25-27. Does this mean I don't get that weekend? In other words, is the weekend immediately after Thanksgiving considered part of "Thanksgiving break"?
    Holidays typically trump regular parenting time. This year, Mom gets the 4th weekend if it happens to fall on Thanksgiving weekend.

  3. #3
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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    Quote Quoting Good Guy
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    My question involves a child custody case from the State of: CA

    Our order says that my Ex has the kids for "Thanksgiving break" this year. My normal visitation is the 2nd and 4th weekend. The 4th weekend would be Nov 25-27. Does this mean I don't get that weekend? In other words, is the weekend immediately after Thanksgiving considered part of "Thanksgiving break"?
    I don't think so.

    Here are three public schools in California that end "Thanksgiving Break" on November 25th:

    https://www.tripadvisor.com/Travel-g...Calendars.html

    Same with Orange County Public Schools.

    https://www.ocps.net/Pages/SchoolCalendar.aspx

    And Sacramento City Unified School District.

    http://www.scusd.edu/calendar

    Walnut Valley.

    http://www.wvusd.k12.ca.us/

    Based on that sampling it seems to me that you can make a case that the 26th and 27th are just an ordinary weekend and not part of the "Thanksgiving Break."

    There's an obvious delineation between "Thanksgiving Break" and the ensuing weekend.

    Now check the school calendars where your kids attend and see if it's the same.

  4. #4
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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    4th weekend begins on the 25th. Mom has Thanksgiving break which, according to that, ends on the 25th. So, as long as Mom returns the children at 11.59pm on the 25th, she's good to go.

    Of course, I expect parents to iron out the small details in the favour of the children ... not each other. Then again, reasonable parents are hard to find in this day and age, don't you think?

  5. #5

    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    But my understanding is that the break starts the moment they are out of school. So, if it was my year for Thanksgiving, I would have them from Friday the 18th through Sunday the 27th. No?

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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    Quote Quoting Dogmatique
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    Then again, reasonable parents are hard to find in this day and age, don't you think?
    They're as easy to find as a cobra and a mongoose getting along with each other.

    https://www.youtube.com/watch?v=IJgyos2HDTs

  7. #7
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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    How long is their break? Does their break start on the 18th and end on the 27th? When I was in school our break was the day before Thanksgiving and went through the weekend. So we got off early Wed, had Thurs, Fri off and then came back to school Monday. Weekends are off anyway so technically I guess our break would be 23 - 25 Nov if it were this year. So it ends before the weekend. So the weekend isn't included in the holiday.

    Can't you and your ex work something out? Like adults?

  8. #8

    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    Quote Quoting qwaspolk69
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    How long is their break? Does their break start on the 18th and end on the 27th? When I was in school our break was the day before Thanksgiving and went through the weekend. So we got off early Wed, had Thurs, Fri off and then came back to school Monday. Weekends are off anyway so technically I guess our break would be 23 - 25 Nov if it were this year. So it ends before the weekend. So the weekend isn't included in the holiday.

    Can't you and your ex work something out? Like adults?
    They are off the whole week. I'd really like to avoid going a whole month between visits.

    Unfortunately, it is unlikely we will be able to work things out like adults.

  9. #9
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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    Quote Quoting Good Guy
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    Unfortunately, it is unlikely we will be able to work things out like adults.
    Yeah, we should have realized that based on your two dozen other posts about your relationship with your ex.

    http://www.expertlaw.com/forums/sear...archid=1307479

  10. #10
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    Default Re: What Happens When Holiday Visits Overlaps with Regularly Scheduled Visits

    Guys and Gals,

    Just a bit of info. All school calendars do not include weekends when they show holidays. Therefore all school calendars are going to ignore weekends as part of holidays. They are all going to say that Thanksgiving Break ends on the 25th, because that is the last school day involved in the holiday.

    However, weekends are not normally ignored as part of holidays by family law court orders. When Thanksgiving Break starts after school on Wednesday the weekend is usually part of that holiday. Since it appears that Thanksgiving Break in this instance includes the entire week, the OP might have an argument for going forward, that they split the week.

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