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We had a previous episode where we broke
down some common mistakes in parenting

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plans, and this episode is no different.

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We're gonna break down how vacation
clauses in parenting plans can cause

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a lot of post-divorce custody fights.

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Primarily because once again, the wording
is not crystal clear about vacations.

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And again, when we think about vacations
as a single parent, or maybe we've

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moved on and we have a new significant
other, and we're taking our kids, this

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is supposed to be a joyous occasion.

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It's supposed to be fun, it's supposed
to be lighthearted, and then we get in

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the weeds when we have to work with our
ex on something specific about our case.

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And vacations is one of 'em.

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So I'm gonna break down some clauses
that I've been reading and some

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parenting plans that my team did not
write, and they're pretty shitty.

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And I wanna share them with you in
hopes that, if you see something like

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this wrote into your parenting plan,
you run for the hills, or you ask for

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it to be changed because it will not
work in the future when you actually

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start participating and using said
parenting plan with your co-parent.

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So first and foremost.

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each parent may take reasonable
vacation time with the child.

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Period.

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End of paragraph.

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End of sentence.

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Let's break this down.

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Each parent.

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Okay, that's good.

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You, me, we both get to take vacation.

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How much vacation?

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Reasonable.

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Well, I think three weeks is reasonable.

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My ex could think 10 weeks is reasonable.

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I could think a week or two, my ex could
think, let's just split the day in half.

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So yes, I have a real big problem
with leaving such a vague sentence

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in a parenting plan because
it doesn't tell me anything.

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What is reasonable?

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So when you're working with your
attorney or you're working with a

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mediator, or you're working with
somebody in my team, my team doesn't

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write shit like this, but when you're
working with those people and you see,

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oh, okay, I get to have reasonable
parenting time, this sounds good.

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Okay.

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You think that sounds good?

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Yeah.

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To somebody that hasn't tried to
use that vacation time yet, so

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nothing is defined here, which makes
vacation come back on the table.

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As something that you are going to
have to focus on again, and that's not

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something what you wanna do, right?

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I wanna be one and done.

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I wanna be able to wrap this up, move on,
and when it's time to take a vacation,

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I know the rules and policies around
a vacation, reasonable vacation time.

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You and your ex will not think
the same on that, so please,

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please, please pay attention.

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Example number two, parents will
cooperate regarding vacation scheduling.

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This one's cute.

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This one's almost comical, and this
is usually put in those parenting

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plans by two people who get
along during the divorce process.

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They're besties, they're still doing
stuff together, and then it's always ends

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up that somebody remarries or somebody
gets with something else, and then it

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all blows up into a shit firestorm.

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And now we're no longer
agreeing about vacations.

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When we wrote it, we were getting
along and it was copacetic and you

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know, we were besties and we wrote
this sentence in there thinking that

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it would be logical and reasonable.

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And then now we try to use that
sentence and You hate me and I

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hate you, or one or the other.

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And now it's not.

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So this is a problem.

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Cooperation clauses fail because
a high conflict person gets

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to actually make the decision.

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If we're supposed to cooperate,
but somebody hates me, they can

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easily say no to everything.

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So then therefore
they're actually leading.

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They're determining it's a no.

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So one parent could refuse a date.

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One parent could say, oh,
that doesn't work for me.

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they might not respond to you right away.

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So it makes planning a
vacation damn near impossible.

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So this sentence, run for the hills.

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Example number three.

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Oh, this is one of my favorite fucks.

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Vacation time will be
mutually agreed upon.

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Are you kidding me?

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Are you kidding me?

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So let me get this straight.

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We are divorced and now I have to
ask my ex, the person that hates

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me, if I can go on a vacation.

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I can tell you right now, I don't
even have to send the email.

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The answer's no, I don't have to send it.

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I can just tell myself no and save
myself the stamp or the money, or

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the time, or the energy or the email.

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The answer will be no.

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So again, I don't know who's creating
these vague sentences, but I can tell

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you they're either one of two things,
and I'm not meaning this to be rude.

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This is fact.

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They're either dumb, I said what I
said, or they want my money ' cause

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anybody with two sides of their fucking
brain would know that if I put this

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sentence in a divorce decree, two
parents will have to mutually agree

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upon a divorce, means that one parent,
my client will be calling me back.

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When they don't agree or your attorney
is just dumb or your judge is just dumb.

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And I don't mean that to be rude, I
mean that to be factual, that they

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don't understand how high conflict
people navigate co-parenting, which

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is with hatred on their heart, ahead
of the love for their children.

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That's facts.

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That's not me being rude.

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That's not me stereotyping.

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That is an absolute fact.

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And so this sentence right here.

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It's dumb or it's a money strike.

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So one parent can simply say no.

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It gives one parent veto power
over all of your vacation time, and

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families end up stuck in financial
loss negotiating and arguing this

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out with their attorney later.

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It's ridiculous.

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It's absolutely ridiculous.

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Okay, so example number four.

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Parents shall give reasonable
notice of vacation plans.

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Now again, this sentence doesn't
bother me too bad, other than the

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word that I hate, which is reasonable.

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What's reasonable to me?

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I wanna know 60 to 90 days ahead of
your vacation, my last minute, you know,

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X may only give me four days notice.

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Reasonable to him is four days.

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Reasonable to me is 60 to 90 days.

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So reasonable is not.

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Measurable.

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Stop signing parenting
plans that use that word.

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Just take it out.

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Now, I would rather that sentence
say that each parent shall

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give notice of vacation plans.

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I would rather it say that than
reasonable, because now we're

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arguing about what reasonable
means or here's a crazy thought.

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It could just say, parents shall give
30 days notice of vacation plans.

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What you mean that I could actually
just have 30 days wrote right there?

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Yes, you can.

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Absolutely.

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My team does it all day long for people.

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We give actual details of when to do shit
that's respectful with your co-parent.

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Shocking.

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I know.

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All right, so if I, me, Sam, were
writing your vacation section,

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which I do for a living, by the way.

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Okay.

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My name is Sam and I write Custom
parenting plans for high conflict

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situations and you never know
when your situation will churn.

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High conflict.

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Here are the things that I would include,
so get ready to record this, pause this.

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Take notes.

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Number one, how much vacation
time does each parent get?

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How much weeks, days?

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Can it interrupt a visitation schedule?

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Can I take somebody's weekend?

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Can it be consecutive?

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Can it be year round?

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These are the questions
you have to answer.

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Now I can tell you what I preference
in dealing with high conflict people.

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I can tell you what I preference
now that I have adult children and

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how I would do things differently.

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That's what you get whenever you
hire my team, is you get the ins

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and the outs and the hindsights,
but that's the kind of level.

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This should not be one sentence.

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This is not a one sentence event.

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My whole vacation is
wrote in one sentence.

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I think not.

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This is a paragraph hell.

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And I think in our parenting
plan, it's like three paragraphs.

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Number two, how much vacation
time is requested, or how

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vacation time is requested.

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Is it written?

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Is it verbal?

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Do I get to stand in your driveway and
be like, Hey, June 10th through the 17th,

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I'm gonna take the kids on vacation.

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I'm sorry, what?

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need that on paper somewhere.

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need that with like, notice, okay.

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How much notice, not just like,
oh, it's the ninth and you're

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telling me you're leaving the 10th.

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Well, I, I need more notice than that.

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Again, some of you may be thinking
this is a little over the top.

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Sam, you're being way too detailed here.

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Am I, are you divorced?

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Are you in a high conflict situation?

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Do you have somebody that hates your
guts more than they love their children?

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If not, sit down and let me keep going.

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Thank you.

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Number three, travel and location rules.

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Now we got some people that
really think that everybody should

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stay in state tweet to their own
parenting plan is custom built.

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You write this puppy to make it
make sense for you, but we gotta

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talk about out-of-state travel.

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We're gonna talk about
international travel, we're gonna

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talk about passports and usage.

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These are the kind of things that I would
rather have in here than not in here we

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have, we have people that, I had a client
the other day that she's like, well,

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we've never had passports for the kids.

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Okay, perfect.

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Put that in there.

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We don't want passports for
the kids till they turn 18 and

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they can go get 'em themselves.

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Write that in there, but
when you don't include it.

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Now you've left the door open that
he could try to go get passports and

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have you have to say yes or no, and
then you're the bad guy later when

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we could just be the bad guy now
and get this wrapped up and move on.

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But we gotta talk about it.

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And don't ever assume that your ex is
going to be okay with you going and

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getting a passport after your divorce.

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Talk about it now.

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You guys, if you're already building
this parenting plan and you're

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already pissing each other off
and you're already having hard

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conversations, have 'em all get it done.

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Rip that fucking bandaid off once.

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Don't be slowly torturing yourself
by ripping off a piece at a time, and

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then wait years later and rip another
piece off, and then a couple years go

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by and rip another fucking rip it off
and get all the hard shit taken care

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of once and move on with your life.

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But there's also not billions
of dollars in that either.

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So this is where we gotta be
careful and educate ourselves, and

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I want you guys sharing this with
everybody that you know is divorced.

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People need to know the scams that are
going on and how poor these parenting

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plans are written to keep us coming
back to the family court system when

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a lot of this could be eliminated by
putting it in here the first time.

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Shameless plug, that's what
my team can do for you.

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Number four, communication and safety.

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Now again, this is custom built to you.

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So if you don't want your kids
skydiving, put it in there.

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No, nothing dangerous till they're 18.

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But you also need to know where
they at, what city, what town,

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what, what state, what hotel.

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Like.

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This is common, like respectful sense to
say, Hey, we will be in Colorado, Denver.

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we're riding a train to get out there.

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We're gonna be there from
June 10th to June 17th, and

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we're riding the train back.

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Cool.

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I now know if something happens in
Denver, Colorado, my kids are there and

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I'm a little bit panic stricken about it.

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I can set up rules around, you know what?

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I don't normally talk
to the kids on vacation.

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I don't need to talk to 'em again.

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Or maybe I'll establish that I
get to talk to them at least once

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or twice during their vacation.

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Again, if you've heard me here at all, I
am not an advocate for communicating with

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your children when they're with the other
parent, but maybe on a very long vacation.

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You do.

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This is stuff I need you to be thinking
about when you're building your

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parenting plan with your attorney or
with your mediator, or with my team.

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So I don't want you to have to keep
renegotiating your vacation every year.

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I mean, I have people
that are panic stricken.

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Sam, can you help me write an
email where I ask my ex if I

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can take the kids on a vacation?

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I'm sorry, did you just say you have
to ask your ex to go on a vacation?

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Yeah.

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Our parenting plan doesn't say
anything about it, so I wanna

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take my kids on a vacation.

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somebody did you dirty.

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Real dirty because that should have been
allotted to you in the divorce decree.

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In the parenting plan.

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Now the other thing I wanna
leave you with is this.

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You are allowed to take
your kids anywhere.

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Your parenting plan allows outta state
and state, international during your own

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parenting time, and it's not a vacation.

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So if you do a week on week off schedule,
take your kids somewhere, but it doesn't

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have to count as one of your vacations.

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You just have to let them know
if your parenting plan says you

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have to let them know that you're
outta state or outta the country.

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Vacations only happen when you
interrupt someone's parenting time.

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Now, that's not legal advice.

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Ask your attorney always if what
I'm saying is making sense, and then

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they're gonna say, who told you that?

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And then you're gonna tell them who.

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And then they're gonna
come send me some hate.

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And I really don't care.

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I got thick skin.

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But you deserve to have the ability
to take your kids on as many vacations

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as your visitation schedule allows.

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If you wanna go for three
days, go for three days.

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If you wanna go for five, 'cause you
have five consecutive days, go for five.

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That's not a vacation because you
did not interrupt the other parent's

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Parenting time, as long as you don't
miss the normal drop off and pick up.

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Let's go, let's go.

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That's a lot of reasons why people pick
week on, week off, because they wanna

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be able to go on as many vacations
as they want in the summertime.

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I mean, I want a little bit of
that money, but hey, let 'em be.

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So, there's a lot of things to
think about, but I wanna go back.

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If your parenting plan uses those
words of vagueness, like reasonable

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cooperate, mutually agree.

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We're running.

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We're running for the hills on that.

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We're not doing that.

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Okay?

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We are not doing that.

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Make sure your parenting
plan is written really well.

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And something that somebody
just brought up, and I would

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love to just throw this in here.

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If your children are having to miss
school, then yes, that is a vacation

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'cause you're changing their schedule.

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But if you're in the summertime and
you're week on, week off, I have

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parents that go and travel every week
that they have their kids because they

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have an entrepreneurship job where
they work from their computer at home.

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So they're able to go
on multiple vacations.

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So really be thinking about
in your vacation schedule,

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the one we build for people.

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We talk about how much
school can the kids miss.

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Five days with you, five days with
you, 10 days with you, 10 days with me.

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What is in here is so
important for your future.

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You have to make sure all of the
things that you wanna do are written

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clearly so that you never have to
spend more money with your attorney.

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Go engage with your ex
about your vacation.

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That is ludicrous, and it
should not be written that way.

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So please consider writing the details
you heard down today and sharing this

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episode with somebody so that they
don't get screwed for their vacation.

