Q: I don't want to change the custody schedule, but do I have grounds to file emergency custody for violating?
Me and my coparent has joint custody and a custody agreement through a civil restraint. Not filed through family court. We have a 3-4 weekly schedule. My coparent just took our child on an out of state vacation that I did not agree to. The only guild lines that our agreement have are "As for holidays: the parties are to follow the court holiday schedule. Each party to receive two weeks of non-consecutive vacation with at least 60 days notice to the other party along with an itinerary" he told me Nov 20 of this vacation and he left Nov 27. I didn't get my scheduled holiday time, and already have missed one day of my scheduled parenting time. I also disagreed to this vacation because our child will now be out of school for a week.
A: Probably the one thing that you and your ex need to do is print out the holiday schedule and identify the rotation between you and your ex. I presume that the holiday schedule includes Thanksgiving, which was on Thursday the 28th and probably, under the holiday schedule, it says that same starts on Wednesday the 27th and may include the weekend following. You need to get the details down as to who has what holidays each year and holidays take priority over regular weekly parenting time. I am guessing the next holiday setting is christmas eve and children day which should be divided equally under the schedule.
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