Stipulated Judgment ¶¶26-27 — Vacation Provisions
Source: Stipulated Judgment, FL-180 Attachment, IRMO Nibley Case No. 20FL010940C, entered June 17, 2022.
Operative text (verbatim)
¶26. “If there is a conflict between the Regular Parenting Schedule and vacation schedule, the vacation schedule shall control. A vacation shall not interfere with a parent’s holiday/special day schedule, unless agreed upon in writing. A vacation shall also not interfere with school attendance unless mutually agreed. The same exchange and transportation provisions stated in paragraph 22, shall apply to the vacation schedule.”
¶27. “Each parent shall have up to 3 weeks of vacation per year with the minor children, of not more than 14 days consecutive at a time. Notice must be given 30 days in advance and the requesting parent must provide a basic itinerary (including dates of departure and return, destinations, flight information and telephone numbers for emergency purposes). The minor children are not to miss school for vacation time without prior written consent of the other parent.”
Operative requirements for valid vacation claim
A parent invoking the vacation provisions to displace the regular parenting schedule must satisfy all of the following:
- 30 days’ advance notice to the other parent.
- A basic itinerary including:
- Dates of departure and return
- Destinations
- Flight information
- Telephone numbers for emergency purposes
- No interference with school attendance without prior written consent of the other parent.
- No interference with the holiday/special day schedule without written agreement (per ¶26 and ¶29).
- Annual cap: up to 3 weeks per year with the minor children, no more than 14 consecutive days at a time.
Failure to satisfy any of (1)–(3) prevents the vacation supersession provision from operating. The regular parenting schedule remains controlling.
Strategic relevance
Cited primarily in connection with EX19 - 2026-04-21 - Vacation-theory escalation thread, in which Jennifer asserted “scheduled vacation time” 4 days in advance with no itinerary and demanded Jack be released from Charley’s custodial week on 4/25/2026. The procedural prerequisites of ¶27 were not satisfied: notice was approximately 96 hours rather than 720 hours; no destination, no return time, no flight information, and no emergency contact telephone numbers were provided. Without satisfaction of these prerequisites, the supersession provision of ¶26 does not operate, and the regular ¶¶24-25 schedule controls.
Cross-references
- Stipulated Judgment ¶¶24-25 - Week-On Week-Off Schedule — the regular schedule that vacation can supersede only with proper notice
- Stipulated Judgment ¶29 - Holidays Take Precedence — holidays trump vacation regardless of notice
- EX19 - 2026-04-21 - Vacation-theory escalation thread — primary application