Questions and Answers

Does vacation and holidays supersede regular visitation?

ANSWER

I have full physical custody of my son. There is a court order in place that gives his birth father every other weekend of unsupervised visitation from Friday at 4pm till Sunday at 6pm. In my court order for child visitation it states that both parties are entitled to two weeks of summer vacation. It also covers holidays. My ex and I both share the holidays. I have my son on every Christmas eve and through Christmas day. My ex picks him up at 3pm and has him through the 26th at 4pm.
This year Christmas eve falls on Friday, which would be his normal day to pick my son up for the every other weekend visitation. I will have him through Saturday at 3pm. My ex seems to believe that I need to “make up” time because he will lose a full day. He is DEMANDING that I let him have our son on the Tuesday or Wednesday.
He has also filed a contempt case against me as I had the audacity to take two weeks’ vacation in the summer and he lost two of his weekends and I will not “make up” that time either. I was clearly told that vacation and holidays supersede his regular visitation, but our court order is very vague and does not spell this out. Please advise.

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