Washington  |  Family Law

Legal Question

Asked on: 6/24/13, 1:54 pm

My wife is the custodial parent of her daughter, and we are having an issue with her ex regarding the summer visitation schedule. My wife emailed her ex on April 25th, 2013 stating that she would like to take vacation from 17 June through 23 June because her best friend would be in town for that week. Her ex claimed that he never received her email, and due to the short notice, his reply was that he would like to have vacation beginning 26 June, through 3 July, which would then run into his holiday weekend for the 4th of July. The problem is that in the parenting plan it states that the "vacationing parent shall provide the other parent with a written itinerary of where the child will be staying during the vacation; including the address and telephone number of each place the child will be staying, at least 10 days prior to the scheduled departure date." It is our interpretation that, although he has no plans to leave his home during that time, he should have provided at a minimum of 10 days notice of his intent to take vacation since the itinerary is supposed to be submitted at least 10 days in advance. He stated that he only need submit an itinerary and that ten days notice is not required. However, it states 10 days prior to the SCHEDULED departure date, which we interpret as the vacation has to have already been scheduled.

The only other part of the section pertaining to dates of the vacation states "The parties shall exchange proposed vacation dates in writing by April 1st of each year. If the vacation dates conflict, in even years the father's dates control and in odd years the mother's dates control. In the event one parent does not submit the proposed vacation time(s) by April 1st, the parent who submitted the vacation schedule on time shall have priority."

I guess my question would be does my wife have to allow the vacation he has requested at the last minute, as it seems that it is only being requested because he is angry that her vacation dates conflicted with his weekend schedule, and he did not get his weekend.

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