VIC Family Court - Interpreting Days Indicated in Final Orders?

[AllForHer]

A parent stating that they're raising their kids alone while in a Courtroom where the other parent is begging to help? The irony stings.

 

[Lennon]

BTW, do you still have the references? I'd like to file them away for another day. I had another look in other databases and didn't find anything. Annoys me because my researching is normally good

My research was pretty unsatisfactory too, although there is a really good discussion of what "day" means in Moon v Jlg Industries (Australia) [2011] FMCA 343.

Vance v Vance [2010] FAMCAFC 250 at para [45] is the only family law reference I can find at the moment, and the submission wasn't successful because the court found that it was inconsistent with the legislation that the party was trying to apply it to.

 

[sammy01]

so what are you gonna do?
I reckon let CSA work it out... If memory serves - back in the day I contacted them the day the consent orders arrived in the mail. I sent a copy to CSA...IT took a while, but the guy at the other end of the phone walked me through the year, starting from the day I made the change of assessment... He was meticulous... Each holidays, each mid-week visit etc etc...

My thoughts - get CSA in the first instance to give you their interpretation... Maybe when she realises she isn't gonna keep you below 52 nights she will realise her argument is flawed and just give up because the motivation (child support money) will no longer apply.

 

[Lennon]

so what are you gonna do?
I reckon let CSA work it out... If memory serves - back in the day I contacted them the day the consent orders arrived in the mail. I sent a copy to CSA...IT took a while, but the guy at the other end of the phone walked me through the year, starting from the day I made the change of assessment... He was meticulous... Each holidays, each mid-week visit etc etc...

My thoughts - get CSA in the first instance to give you their interpretation... Maybe when she realises she isn't gonna keep you below 52 nights she will realise her argument is flawed and just give up because the motivation (child support money) will no longer apply.

Yes, the orders are currently with CSA for assessment. I submitted that my time amounts to 65 nights. I know my ex disputed this but I don't know how many nights she says I will have. I spoke to CSA on Wednesday and they said it was with someone else for assessment, they couldn't tell me who that person is or allow me to speak to them. They said I will be notified of the outcome very soon, either this week or early next.

If they find I have 51 nights or less I will appeal. Otherwise, happy days.

I will book flights for the kids on the days that I believe they should be travelling. If my ex withholds them for this reason I will obviously file for contravention.

If my ex books the flights she has to book on the days she believes they should be travelling, I won't do anything.

If my ex files for contravention for returning them (what she considers) a day late, that is fine, just an opportunity to let the court clarify the situation. I doubt costs would be ordered against either party because clearly both have an arguable position (although I think my position is correct).

I think that sums up my plan.