Modified SPO vs SPO

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Sunny101

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Thanks in advance for any help you can give to me on this subject.

There seems to be some confusion about the wording in our Temporary Orders.

Quote:
Possession and Access
1. Modified Possession Order
Notwithstanding the provisions of the SPO set forth below, IT IS ORDERED that respondent shall have possession of the child for purposes of weekly visitation as follows:

Weekends - Every other weekend throughout the year, from the time school is dismissed on Friday until 6:00 pm on the following Sunday, begining on (date).

Wednesdays - Every other Wednesday throughout the year, from the time school is dismissed on Wednesday until 7:30 pm on the following Thursday, beginning on (date).

2. Standard Possession Order

etc.

We are parents who reside 100 miles or less apart.

Other places in SPO it states "It is ordered that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and in the absence of mutual agreement."
Which says to me that the MPO is a mutual agreement?

In the SPO it also states:
"Notwithstanding the weekend and Thursday periods of possession ordered for (name), it is explicitly ordered that (name) shall have superior right of possession of the child as follows:
Spring break, summer visitations and so forth are stated next.

My questions are;
1. Does the MPO come first in all instances of visitation rights?
2. What context is the word "notwithstanding" being used in?
3. The MPO clearly states "throughout the year", so this would also apply to summer visitations, correct?

Thanks again for your help.
 
1. Yes, unless the two of you agree otherwise for a specific reason. I suggest an email so no one forgets the exception.
2. Despite or even though.
3. Not usually. Summer visits are typically solid chunks of time. Taking into consideration any travel restrictions, the parent with the summer week can take the child on a trip, etc., without having to travel back for the other parent's normally scheduled parenting time. The regular schedule is default; special occasions and summer visits take precedence, barring some extraordinary situation.

The last PO you both signed is the document to follow.
 
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