Wanita Fillie v. Carmine Fillie (2010)

MEMORANDUM OF DECISION REGARDING HOLIDAY ACCESS SCHEDULE

A review of the record reveals that the parties were divorced October 4, 2001 and have been fighting ever since.   There is now only one minor child, Jennifer Fillie born December 6, 1999.   The mother was given primary residence and visitation was left open and flexible.   In the ensuing nine years, there have been dozens of motions, restraining orders, contempt motions and motions to modify culminating in the father's motion to modify dated April 7, 2010 (number 161).   The parties appeared before the undersigned on July 6, 2010 and confessed that they were unable to agree on a holiday visitation schedule.   There exists an agreement between the parties dated February 27, 2006 which is the present operative access schedule which calls for the father to enjoy access on Christmas Day in odd years and the mother to have Christmas Day on even years and the mother to have Thanksgiving on even years and the father to have Thanksgiving on odd years but nothing else.

Therefore, the court will enter the following access schedule for holidays:

1. Father shall have the child from after school or 2:30 p.m. until 7:00 p.m. on Father's Day and Father's birthday.

2. Mother shall have the child from after school or 2:30 p.m. until 7:00 p.m. on Mother's Day and Mother's birthday.

3 Father shall have the child on the child's birthday from 2:30 p.m. until 7:00 p.m. in odd numbered years and Mother in even numbered years.

4. Father shall have the child on Easter day from 10:00 a.m. to 7:00 p.m. in even numbered years and Mother in odd numbered years.

5. Father shall have the child for Thanksgiving from after school on Wednesday through to Friday at 7:00 p.m. in odd numbered years, and Mother in even numbered years.

6. Father will have the child for Christmas Day in odd numbered years and Mother in even numbered years.

7. Father will have the child for Memorial Day and Labor Day in odd numbered years and Mother in even numbered years.

8. Mother will have the child for Fourth of July and New Year's Eve odd numbered years and Father in even numbered years.

Shluger, J.

Shluger, Kenneth L., J.