Q: If there are no specific pick-up and drop-off times listed in an agreement, does the visiting parent get visitation??
There is a line in my agreement that states “Each Christmas Eve Day except from 4:00 p.m. until 7:00 p.m. when the parties’ son will be with Ms. Legg (custodial parent). Otherwise the parties will use the Judge Brown schedule for Christmas holiday visitation”.
Per Judge Brown schedule, the custodial parent has the child the first half of Christmas break until 2pm on Christmas Day on odd numbered years. Per the addendum line listed above in quotation marks, does this mean the visiting parent gets the child whenever they want, outside of 4pm-7pm, on Christmas Eve Day (since there is no specific pick-up/drop-off times listed like there are for every other event)?
The visiting parent is trying to threaten the custodial parent with contempt if the custodial parent doesn’t allow their son to be picked up at 9am on Christmas Eve day. Would the custodial parent be in contempt if they refused to let their son leave on Christmas Eve Day?
A: If there is inconsistency between two provisions of the Order, then it would be difficult for a parent to be held in contempt for being unsure which provision to follow. Your best option is to consult with the lawyer who helped prepare the agreement.
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