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  1. #1

    Default Spring Break Extended Due to Corona Virus

    My question involves a child custody case from the State of: TX
    My question is regarding the school closing the week after spring break. The specific wording on the school web site states:

    "Out of an abundance of caution for the health and well-being of our students and staff, we have decided that ALL Carrollton-Farmers Branch ISD schools will be closed Monday, March 16 through Friday, March 20, 2020."

    The wording in the court paperwork is a standard possession order and states:
    Father shall have the right of possession as follows...
    Spring Vacation in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

    There is additional wording that the the Monday following the holiday is a student, teacher, federal, state or local holiday, possession shall end at 6:00 pm on that Monday.

    The mother and father both disagree and claim they should have possession during the week the school is closed. The child is 15 y.o. and wishes to stay with the father.

    Father is reading that possession ends at 6:00 pm on the day before school resumes. Since school is not resuming as scheduled, the child should go back the day before school resumes.

    The mother claims she is the custodial parent, despite the papers saying both parents are joint managing conservators. She claims the papers are not correct, but has no reason why and no superseding papers.

    While I know that nobody can predict what someone else would say, I am looking for opinions on how this might be interpreted by
    1. The police if they are called to enforce papers.
    2. A judge should it be required to go to court.

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Spring Break Extended Due to Corona Virus

    Being closed for COVID is not necessarily the same as the start of Spring Break. I think that assuming that assuming Spring Break begins early (for purposes of custody and visitation) could be erroneous.

    Perhaps go to the school's web page and calendar. If the calendar has been updated to say that Spring Break begins on March 16th, then a good claim might be made for it being part of Spring break. Otherwise, I wouldn't want to stretch the interpretation. The police will likely go with whatever the school has designated to be Spring Break. But, no one can really say.

    Best bet for both parties would be to speak with their attorneys.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: Spring Break Extended Due to Corona Virus

    I am sure it doesn't make a difference, but spring break runs from March 9th until March 13th. The child was with the father the week of spring break.

  4. #4
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    California
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    20,594

    Default Re: Spring Break Extended Due to Corona Virus

    Then the father probably should have returned the child at the conclusion of spring break. But, all parties might be best advised to speak with their attorneys in order to avoid any legal consequences.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Mar 2013
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    17,924

    Default Re: Spring Break Extended Due to Corona Virus

    Quote Quoting Plutoniumlights
    View Post

    The mother and father both disagree

    Father is reading
    Would it kill you to write "I disagree with my ex-wife...I am reading" instead of referring to both parties in the third person?

    My opinion for the two cents that it's worth is that the closure is not part of the spring break and your daughter goes back to her mother on the date that the spring break was due to end.

    Do you really want more litigation? You wrote in January that your divorce cost you $100,000 and you sometimes have to decide whether you eat or your dog eats.

    PS: What your daughter wants is irrelevant.

  6. #6
    Join Date
    Oct 2014
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    Default Re: Spring Break Extended Due to Corona Virus

    Quote Quoting Plutoniumlights
    View Post
    While I know that nobody can predict what someone else would say, I am looking for opinions on how this might be interpreted by
    1. The police if they are called to enforce papers.
    I'm not in Texas, but in the states I'm familiar with the police will not take action in a dispute over parenting time between two parents. They tell the parents it's a civil matter and to go to the court that hears family matters to resolve it. That's especially true when, as here, there isn't a crystal clear answer as to which parent is right.

    Quote Quoting Plutoniumlights
    View Post
    2. A judge should it be required to go to court.
    No way to guess what some unknown judge would say given the wording you provided. And it may hinge on what exactly the school calls the extra week that school is out if it calls it part of spring break or something else.

    In my experience judges really wants parents to be flexible and work this stuff out between them. Each side taking an all or nothing approach is not helpful. That can lead the judge to take it out on the parent that the judge thinks was the more bull headed about it. This is a situation that the agreement or order clearly did not anticipate. So perhaps the parents ought to negotiate, like offering to split the extra week or provide a trade off where the time of the parent who doesn't get custody that week is made up some place else, for two possible ideas. It's also better for the kid to see her parents work things out in a reasonable manner. It provides a good example for her. So while each of you can try arguing legal issues and start paying your lawyers to argue each side in court, I suggest you'd both be better off putting aside whatever antagonistic feelings you might have towards each other and try to work out something mutually agreeable.

  7. #7
    Join Date
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    1,172

    Default Re: Spring Break Extended Due to Corona Virus

    agree... have to wonder why you all aren't agreeing to split it like I think most reasonable adults would do... poor kid!

  8. #8
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    Default Re: Spring Break Extended Due to Corona Virus

    Quote Quoting Taxing Matters
    View Post
    I'm not in Texas, but in the states I'm familiar with the police will not take action in a dispute over parenting time between two parents. They tell the parents it's a civil matter and to go to the court that hears family matters to resolve it. That's especially true when, as here, there isn't a crystal clear answer as to which parent is right.



    No way to guess what some unknown judge would say given the wording you provided. And it may hinge on what exactly the school calls the extra week that school is out — if it calls it part of spring break or something else.

    In my experience judges really wants parents to be flexible and work this stuff out between them. Each side taking an all or nothing approach is not helpful. That can lead the judge to take it out on the parent that the judge thinks was the more bull headed about it. This is a situation that the agreement or order clearly did not anticipate. So perhaps the parents ought to negotiate, like offering to split the extra week or provide a trade off where the time of the parent who doesn't get custody that week is made up some place else, for two possible ideas. It's also better for the kid to see her parents work things out in a reasonable manner. It provides a good example for her. So while each of you can try arguing legal issues and start paying your lawyers to argue each side in court, I suggest you'd both be better off putting aside whatever antagonistic feelings you might have towards each other and try to work out something mutually agreeable.

    The situation we are in now is an emergency. In Louisiana, the governor closed schools for the next 30 days beginning Monday March 16, 2020. Most schools are scheduled for spring break Monday March 16- Friday March 20, 2020. Student will go to school online after spring break until schools reopen..This was announced today and came as a shock to many parents and students.

    This is a time when everyone needs to work together. This situation is difficult at best. I doubt any judge would be happy with parents that will not work together for what is in the best interest of their child/children. This situation is especially stressful for children. It is a great opportunity to show children by example how adults are suppose to behave.

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