Separation agreement regarding xmas visitation


#1

Hi! I have the following paragraph in my separation agreement that has been incorporated into my divorce decree:
the important part is copied here:

b. Alternating Thanksgiving and easter weekends including the school holiday.

c. for one-half of the Christmas holiday, with wife having the 1st half in even numbered years, and husband having 1st half in odd numbered years.

since we have been separated/divorced - 5 years going on 6- we have always worked it out so that I would get them either xmas eve (24th at 6pm) or xmas night (25th at 6pm) depending upon the above. This year, it so happens that the weekend after xmas day, which is a friday, is my custodial weekend as we alternate weekends throughout the year. I was expecting to get them the 24th at 6pm and take them back to her the 25th but as that night i would normally get them anyways, it is confusing. We live 170 miles apart and we meet half way so i don’t know how to go with this. I was willing to let her have them on my weekend as we could always adjust later so I get them two weekends in a row. She has personal business to deal with the week after christmas and wants me to take them the whole week after xmas. I do not have child care available as I just moved into the area and do not have any relatives/people whom i trust to watch them. They are 12 and 10 so they could probably stay home alone while I am at work. I can’t take time off and i am on call that week at work.

She offered for me to take them the 18th till the 25th morning but I have already made, and paid for, plans and will be out of town the weekend of the 18th. She stated that was the 1st half of the holiday based on kids being out of school.

I have offered to take them christmas evening (25th at 6pm) and keep till the following thursday knowing the kids will be home alone while i am at work. I am still waiting on her response. I can’t go till friday because i am on call and i would be unavailable to my customers for at least 3 hours as I drive them back to meet my x.

What is the legal way as interpretted to procede here? If she comes back and denies my offer, what should I do?

thanks…

My question is how would most judges/attorneys define the above “1st half of christmas holiday”? Is it December 25th? Is it the vacation from school??


#2

If all else fails you should abide by what the Order states, ie you will have the children the first half of the school break, your ex will have to make arrangements for the children during her time.