Question regarding child possession orders during shelter in place order. My ex has extended visitation every Wednesday. My youngest has a birthday next Wednesday, April 1. Orders state that the parent without possession has 2 hours to spend with them. During this time, I am working from home and homeschooling the kids, so we aren’t free until after 4pm. Am I entitled to the 2 hours with her, or am I considered already in possession of the children?
Roy is right. If you are in possession at all during the day of the child's birthday, your court ordered two hours of possession has been satisfied. As the children grow, their birthdays will fall on different days of the year. It behooves both parents to cooperate because next year, the birthday (or any other special occasion not accounted for in the decree... such as Quinceañera's or other special days) will not occur during your possession and you will want the same privilege.
Roy's analysis is good advice as trying to play on societal fears to extend/change visitation doesn't make you a friend of the Court.
George is correct, the Supreme Court has said follow the prior orders. If you violate those orders, you better have a darn good reason and I am confident Shelter In Place is not good enough. Also, your question is a little confusing, do you have the children Wednesday morning? If so, that counts as your two hours. By way of example, if Dad has 3:00 - 7:00 Wed. evening Mom cannot take 2 hours out of Dad's 4, but if the child's birthday is on Saturday and Dad has possession 3:00 pm Friday until 8:00 a.m Monday, Mom can have 2 hours on Saturday because she has not seen the child on the child's birthday.
The Supreme Court has ruled that access shall continue under the possession order as written. Though not stated in the Order I expect the only exception is for confirmed or presumptive Covid not shelter in place.
