Temporary Custody Order, holidays in old order, not in new

North Carolina Divorce Law Divorce and Separation Answers
1

Hello, and thanks so much for your answers.

The judge in my case issued a temporary custody order in January. It is very simple. During the remaining school year, I get the kids for 5 overnights, then my STBXW gets the kids for 9 overnights.

This year, part of Spring Break falls during my time with the kids.

Our first agreement was a voluntary privately-signed parenting schedule that we agreed to last fall. It was in place until January. We had holidays in the agreement. In our previous fall 2008 private agreement, we were supposed to go to 50/50 custody in January. We were supposed to split Christmas, I got Thanksgiving, and she got Spring Break. However, she sued for temporary custody. I had the kids during Thanksgiving, and we split Christmas.

But, the new court-ordered agreement has no provisions for holidays, specifically spring break. Instead of starting 50/50 custody in January, 2009, we now go to 50/50 custody starting in the summer.

My STBXW still insists that she just “gets” Spring Break because I got Thanksgiving under the old agreement. She would have them for 3 weeks straight. She says I just lose the 5 days with the kids I should have in April over Spring Break. I say that there is nothing in the court-ordered agreement about that.

I proposed that we trade days in April, so that she would be able to take the kids to Spring Break. She refuses to trade days, and insists that she is just going to take them.

What recourse do I have if she just takes them from NC to FL for the vacation during my days?

Thanks for your great answers, again!

2

The court order will supercede the your previous agreement and if Spring Break is not mentioned you will get your days as outlined in the order. If your ex refuses to cooperate you may file a motion to have her held in contempt of a court order.

3

The original parenting agreement was written in such a way that the “parenting schedule” was in one paragraph, and the “holiday schedule” was in another. The parenting agreement stipulated that only the “parenting schedule” would be obviated by a temporary custody order. The parenting agreement did not say anything about the holiday agreement.

So, my STBXW’s argument is that a “holiday schedule” is separate from a “parenting schedule”. My position is that a temporary custody order takes precedence, and the “holiday schedule” in the parenting agreement is overridden by the court order.

I feel like I’m dealing with Alberto Gonzales- “no, that isn’t a parenting schedule, it is a holiday schedule.” I’m now paying my lawyer to negotiate this with her lawyer- what a waste of money. Note that I’m willing to trade days with her so she can have the kids over the upcoming holiday- I’m just not willing to sacrifice time with the kids willingly.

Does this information change your opinion at all?

4

You are correct in stating that the parenting agreement is overridden by the court order.