Legal Question in Family Law in California

I am clarifying for an earlier question. Our decree states, "holiday schedules shall take precedence over the regular parenting schedule." Children's and parent's birthdays and Halloween are listed under "holiday." My ex husband is threatening contempt of court and to call the authorities if I do not deliver our children to him at 9:00 a.m. on his birthday and Halloween which are school days for our minor children. He is not reasonable and believes the courts will approve the children missing school on these days. Is an ex-parte hearing warranted to stop this nonsense? The upcoming birthday is Monday, October 17th and of course Halloween is two weeks after.

Thank you for your input.


Asked on 10/08/11, 8:27 am

1 Answer from Attorneys

Halloween is not a court recognized holiday. So unless your decree states that it is a holiday for purposes of your decree, it is not a holiday under the order. It sounds like he is correct that he is entitled to custody on his birthday, however he is quite wrong that he is permitted to keep the children out of school. You send the children to school on your custodial school days; he must do the same. We have laws that make it a crime to keep kids out of school on school days except for specified reasons such as illness and unavoidable appointments. If he wants his custodial time on a school day, he is legally responsible for having them in school that day.

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Answered on 10/08/11, 10:30 am


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