How best to handle a conflict in a holiday/placement schedule?

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How best to handle a conflict in a holiday/placement schedule?

Divorce was complete almost a year ago. In the settlement agreement/holiday schedule it states mother gets child on mother’s day, father gets child on father’s birthday. Next year, the father’s birthday falls on mother’s day. There is no provision for this situation in the agreement. Holiday schedule aside the father has placement on this day. How should this situation be handled?

Asked on October 13, 2011 under Family Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no legal rule which will tell you how to resolve this--the two parties (the ex-spouses) need to work this out among themselves, probably by whichever one does NOT get the child on that day getting some other or additional day to balance it out. If they can't work it out among themselves, it is possible to file a legal action and go to the court, asking the court to adjudicate the matter--but this is very much not recommended, since it will take time, cost money, increase the level of stress, strife, and acrimony, and will come out to the same place the parties could come out to on their own--one of them gets the child on that day, the other gets another day to make up for it. This is one of those situations best resolved by simply talking and being willing to compromise, rather than by the law.


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