Q: Questions regarding how our custody schedule is worded
Our holiday custody is written as this:
Christmas Eve with Mom on odd years, Dad even years
Christmas Day with Mom on even years, Dad on Odd years
So I have my sons Christmas Eve this year. When I signed this it was my understanding that Christmas Eve meant the night and the boys would go to the other parent in Christmas Day (morning, after presents) so that we both saw them on Christmas and was fair. He’s now saying I need to have them to him by bedtime Christmas Eve so they wake up with him on Christmas, meaning one parent won’t see them on Christmas. That doesn’t seem right or fair! We are both reading our contract differently - who is right here? Or how do you think a judge would decide?
A: The language in your custody agreement, as you've presented it, is somewhat ambiguous regarding the specific transition time between Christmas Eve and Christmas Day. Typically, "Christmas Eve" would be understood to include the evening, leading up to midnight, with Christmas Day starting thereafter. However, without explicit transition times provided in the agreement, there's room for interpretation by both parties. Ideally, agreements should specify exact times for transitions to avoid such confusion. In situations of ambiguity, the court generally looks at the best interest of the child and aims for a solution that maximizes the child's time with both parents during the holiday season. Given that many families celebrate Christmas on both the eve and the morning of Christmas Day, it could be reasonable to argue for a division that allows the child to experience both celebrations. That said, the court's decision would be influenced by additional factors like past practices, the child's wellbeing, and the intent behind the original wording. It may be beneficial for both parties to seek mediation or legal counsel to clarify and potentially modify the agreement for clarity in the future.
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