Question:
My fiance’s parenting plan says each parent is allowed a 2-week vacation per year and the other parent has to be notified by May 31. One week is for our wedding that we want his kid to be at. The other 7 days account for random mini trips camping and such. But half of those 7 days, including some of our wedding plans, are on her time but there’s not much we can do about it. We only get to see him every other weekend. She said that he can’t take her time away and if he did take his kids on her days than it’s kidnapping. What do we do? And how do we go about taking his son on his 2-week vacation next year if its going to interrupt her parenting time? Isn’t that why we have the notification date in place, to give proper notice?
Answer:
Thank you for your inquiry. I am not licensed to practice law in the state of Washington and therefore cannot give you the specifics of how this issue would be dealt with in Washington. I would speak to a lawyer who is licensed in your state for advise. I am licensed to practice in North Carolina and therefore my analysis will focus on how North Carolina may deal with the issue that you have presented.
In most parenting plans, there is a provision about giving a number of weeks in the summer to each parent. In North Carolina, the language may say that on even years the mother gets the first pick and the father gets second pick. Some agreements also say that the summer schedule overrides the normal week to week schedule and the week that is taken by one party can not conflict with the other party. I am unsure in this case in your finance’s situation.
Without looking at the language of the agreement, I cannot tell either way if the mother’s contention that the weeks your fiance has chosen are “her days” has any merit or not. If, in your case, the agreement had all the language I previously mentioned and your finance followed the agreement, then it would stand to reason that they are his weeks. Once again, without looking at the agreement there is no way to tell if these provisions are in place. You are correct in that the notification is put in place to give the parties enough time to schedule their summer holiday plans and to give proper notice to the other side.
As I stated previously, I am not licensed to practice law in Washington so I cannot advise you on your case. I would speak to a licensed attorney in Washington.
Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell, P.C., where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill. While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.
