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Am I crazy? Need interpretation.

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FirstLoveGone posted 10/26/2013 19:50 PM

The douche is at it again.

Our PSA states the following:

"Similarly, notwithstanding the attached holiday schedule, husband shall enjoy parenting time with the child every Christmas Eve from 6pm until Christmas day at 2pm, when husband shall drop the child off at wife's residence."

The holiday schedule refers to the standard state holiday schedule.

To me, the paragraph means that douche gets DD every Xmas eve and Xmas day till 2pm when she then comes to my house. I know this is the correct interpretation because douche and I agreed that we should both be able to see DD during the holiday every year.

Douche is saying that he gets her all of Xmas day this year because it is an odd year. (the state schedule says he gets her for Xmas day in odd years.) He is saying that after 2pm, we revert back to the state schedule. So in effect, he is saying he gets her Xmas eve and Xmas day in the odd years.

Am I crazy?

[This message edited by FirstLoveGone at 7:53 PM, October 26th (Saturday)]

PurpleRose posted 10/26/2013 19:59 PM

So he wants it both ways??? He wants what the two of you agreed to do, and then he wants the state standard on top of that???


Ha! What a dooosh. He is the crazy one. Tell him to suck a candy cane, but only after 2:00 on Xmas when he must return your dd to you.

FirstLoveGone posted 10/26/2013 20:48 PM

Yup, he says he gets her every Xmas eve (which I agreed with) and then every Xmas day in the odd years (which I would never have agreed to).

We split Xmas eve and Xmas day every year because of each of our family traditions. There is no way in hell I would have given up seeing her Xmas eve AND Xmas day in odd years.

Holly-Isis posted 10/26/2013 21:12 PM

I thought normally it alternates so each parent gets Christmas Eve and Christmas morning. I can't imagine that it means he gets her every year for Christmas Eve AND morning. That's just ridiculous. And then additional time?

Could you ask your lawyer for clarification?

FirstLoveGone posted 10/26/2013 21:24 PM

I agreed to him having every Xmas eve till Xmas afternnon, which is what our PSA says.

He wants to revert back to the state schedule at 2pm on Xmas day. So in odd years that would mean he would have her Xmas eve and all of Xmas day.

But the way I read the PSA, it means that I get her on Xmas day at 2pm every year (after he has her time with her).

I know this is confusing. Ugh.

PurpleRose posted 10/26/2013 22:07 PM

Sounds like you now must get this spelled out in your final decree-- make sure the language is not ambiguous. He sounds like an ass.

Why did you agree to letting her be wih him every Xmas Eve? You never want her to wake up in your house on Xmas morning?

FirstLoveGone posted 10/26/2013 22:26 PM

PR - we have been Ded for 3.5 years now.

No, Xmas morning isn't that important to me, which is why I agreed to it provided that I get Xmas day/evening.

I guess we are at an impasse. Not sure how this is going to get resolved.

FirstLoveGone posted 10/29/2013 12:51 PM

This is a shameless bump to get some insight on my predicament. I figured I would ride on the coattails of tryingagain74's thread. Thanks to the posters who responded already!

Sad in AZ posted 10/29/2013 13:05 PM

Notwithstanding=in spite of.

In spite of=ignoring or not following something else.

Your PSA language means that NO MATTER WHAT it says in the state standard holiday schedule regarding Christmas Eve/Christmas, you two will ALWAYS follow the PSA.

End of story. He's a dick.

tryingagain74 posted 10/29/2013 13:08 PM

I wish I had some advice for you, but of course, I'm wrangling with this myself! I also wish that I were cool with not having Christmas morning, but unfortunately, I'm not.

Take it to your attorney. It sounds like he's not going to listen to reason and is just going to make up his own rules as to how to interpret the legal agreement. You can't argue with stupid.

Hang in there. Such crazymaking.

Snapdragon posted 10/29/2013 14:24 PM

Like Sad in AZ said, the language means that your PSA overrides the state schedule.

The state schedule will NEVER come into play with regard to Christmas eve and Christmas day.

Period.

End of story.

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