QLD Consent Orders Disagreement with Ex - What to Do?

[Louisa Smith]

My husband has had consent orders finalised through family the court since 2013. The orders are a standard alternate weekend, half school holidays. His daughter has just started high school and the holidays in June and December are now 3 and 7 weeks respectively. Therefore, the weekends alter after June and December rather than follow alternate as they have due her being at the primary school that had even holidays.

His ex-wife is referring to the 'alternate' definition, therefore, whoever has the child on the last weekend before the school holidays, the alternate parent has the child on return to school (orders are null and void on holidays).

Due to my husband's work commitments, he needs the weekends to remain as they are and have asked if he was to forgo a weekend to bring it in line. She refuses and refers to the orders. She doesn't work and hasn't since 2013

What can we do to get the weekends back on track ?

 

[AllForHer]

In most circumstances, the care arrangements after holiday time revert to the way they would have been if holiday time not occurred.

So, if you have her on the last weekend of the holidays, and you would then ordinarily have her the following weekend as well as part of regular time, then you would ordinarily have her those two weekends in a row.

This is the ordinary interpretation of orders, in any case.

Is there a provision in your orders about when holidays are deemed to conclude, such as before school on the first day the following term?

 

[Louisa Smith]

In most circumstances, the care arrangements after holiday time revert to the way they would have been if holiday time not occurred.

So, if you have her on the last weekend of the holidays, and you would then ordinarily have her the following weekend as well as part of regular time, then you would ordinarily have her those two weekends in a row.

This is the ordinary interpretation of orders, in any case.

Is there a provision in your orders about when holidays are deemed to conclude, such as before school on the first day the following term?

It only states that the paragraph referring to alternate weekends is suspended during gazette school holidays. The weekends have remained alternate since 2013 because they have been even numbered weeks holiday. Now that these times in June are odd it alters the weekend to not be the same weekend as it fell before the holidays. We never thought about this and just presumed the weekends would still fall in line. Had we have known we would have asked but still she would have not agreed

 

[AllForHer]

I think you should perhaps organise a family dispute resolution conference to gain clarity on this issue, possibly from a lawyer who will speak to both of you about what the ordinary interpretation is. Failing that, you could seek clarity from the Court by seeking to vary the existing orders by including a clause to state that regular time recommences at the conclusion of holiday time as though the holiday time had not occurred.

In most circumstances, your interpretation would be deemed correct and the other parent's would be incorrect. Maintaining a pattern of the same alternate weekends after school holidays as it was before school holidays is the logical option - it allows parents to plan well ahead without having to work out special considerations around each holiday period.

 

[Louisa Smith]

I think you should perhaps organise a family dispute resolution conference to gain clarity on this issue, possibly from a lawyer who will speak to both of you about what the ordinary interpretation is. Failing that, you could seek clarity from the Court by seeking to vary the existing orders by including a clause to state that regular time recommences at the conclusion of holiday time as though the holiday time had not occurred.

In most circumstances, your interpretation would be deemed correct and the other parent's would be incorrect. Maintaining a pattern of the same alternate weekends after school holidays as it was before school holidays is the logical option - it allows parents to plan well ahead without having to work out special considerations around each holiday period.

Thank you,

Unfortunately, she won't consider this and will say it's 'alternate' and this changes each June holidays and December holidays. It just doesn't make sense to do this and my husband's work is based around these weekends and has done for 3 years.

Do we have grounds to ask the weekends remain regardless ? She will refer to the orders each time and will disagree with every suggestion unless it's a legal obligation on her part ie it's due to my work commitments

 

[sammy01]

Can you please write in the exact wording of the orders?

My orders said something about dad having the first weekend at the commencement of each school term. So it clearly stipulated the order...

My thought - inform the ex that the only way you can comply with the orders is if dad ceases his weekend work and if mum would like that to happen, she will need to understand that this will have a negative impact on her child support... (Sshh - I know he ain't gonna quit his weekend work but she doesn't need to know that and the threat to her child support income might make her wanna play nice.)

But I think the wording of the orders is what matters. It might be that mum is right and if that is the case then he might wanna have a chat with his boss about swapping weekends.

 

[Louisa Smith]

Can you please write in the exact wording of the orders.... MY orders said something about dad having the first weekend at the commencement of each school term. So it clearly stipulated the order.....

My thought - inform the ex that the only way you can comply with the orders is if dad ceases his weekend work and if mum would like that to happen she will need to understand that this will have a negative impact on her child support.... (SShh - I know he aint gonna quit his weekend work but she doesn't need to know that AND the threat to her child support income might make her wanna play nice....)

But I think the wording of the orders is what matters. It might be that mum is right and if that is the case then he might wanna have a chat to his boss about swapping weekends.

Unfortunately threatening that will only add fuel to the fire as she is with a husband now with a lot of money

 

[Louisa Smith]

Unfortunately threatening that will only add fuel to the fire as she is with a husband now with a lot of money

The orders only refer to alternate weekends and this never became a concern not change because when the school hols were even, it fitted. Now she is at high school the odd holidays change the weekends

 

[sammy01]

Ok so can you give us the exact wording of the orders?

Look - it might be a matter of simply letting her know that your interpretation of the orders differs and that if she ain't willing to compromise you will not be able to have the kids unless she changes her mind or until the next school term and your preference is for her to agree to your interpretation of the orders. I just don't think it is worth applying to court over it

 

[Louisa Smith]

ok so can you give us the exact wording of the orders...

Look - it might be a matter of simply letting her know that your interpretation of the orders differs and that if she ain't willing to compromise you will not be able to have the kids unless she changes her mind or until the next school term and your preference is for her to agree to your interpretation of the orders. I just don't think it is worth applying to court over it

I totally agree. The wording refers to alternate weekends as otherwise agreed. Then it refers to half gazetted school holidays, even year he is first half she second, odd year she is first he is second. It states the paragraph referring to alternate weekends is suspended during gazetted holidays.

These orders were made when she was at primary school. Now that she is at high school and the holidays aren't per the public school system, this is what she is sticking by