VIC Help with Understanding Family Court Orders?

[Trying68]

Morning Sammy 01

It has surprised me a lot how many people go through this childish behaviour. I know it happens to both men & women, but it seems to me women play games with this sort of stuff a lot more than males. Maybe mistaken.

 

[AllForHer]

Easter is a special occasion, it overrules regular and holiday time, but I wouldn't make the argument that the Easter period shouldn't be included when tallying up the number of nights in the holidays to work out where the halfway point falls. I would simply accept that "halfway" doesn't necessarily mean "an equal number of nights", so dad might get one or two extra nights here and there for those special occasions. You'll find the same for Christmas in the summer holidays.

So what would I do? I would collect the child at 3:30pm on the middle Sunday of the holidays, then drop him back again at 5pm on Easter Sunday, then I would collect him at 5:00pm on Easter Monday. Yes, dad will end up with 10 nights instead of 9, but it's Easter, it's one night, it's in the orders, and the child doesn't see him as often.

For the record, when things were bad between my husband and his ex, even their very rigid and watertight orders were being interpreted to either benefit her or cause conflict. Don't get tied up over one night. The conflict is going to do more damage to the child than one or two extra nights with his father.

 

[sammy01]

I agree with above - both about the times according to the orders and the stress less mentality...I also found that stressing less both helped keep my sane...and eventually it kind of sort of calmed things between me and the ex, which was the best thing for me and the kids

 

[Dad in trouble]

At least I feel my opinion was on the right track. Even though initially Shan_90 didn't like what I had to say.

 

[MartyK]

Hi everyone,

Just needing some help understanding school holidays time in my family court orders. So my son finishes school this Friday and holidays technically start Saturday. I'm wondering what half would be. My orders say that the father is to have the first half in 2017 during school term holidays and that the fathers midweek and weekend time suspended during holiday period and it actually falls on his long weekend so he is ment to pick him up Thursday this week. Would it just go straight onto holidays from Thursday onwards or would I collect him from school Friday and drop him to his dad on Saturday?? I'm so confused his father also will have easter Sunday from 5pm until easter Monday 5pm. I'm confused on which day I will pick him up from access with his dad weather to start from end of term or start on actual holidays. Thank you

If the father is meant to collect the child Thursday of this week (today) and he is to have the 1st half of the holiday period, then this means his "usual" time will carry through into the holiday period, however, the Thursday and Friday will not form part of the holiday period.

The reference to time being suspended only applies to the holiday period itself, at which point the "holiday" orders come into effect.

Easter 'time' orders, unless your orders say otherwise, would not usually cause any change to the 1st half/2nd half break up of the entire holiday period i.e. The division of days (holiday midpoint) is not subject to any "additional" time that a parent is to spend with the child on Easter Day. You will find that some years Easter falls in your 1/2 of the holidays so dad will see the kids one or two days more, and other years it will be the other way around because of this.

@Dad in trouble - your suggestions and questions were indeed close to the mark. Particularly in you asking what do the orders say about when the school holiday's start and finish. Holiday orders can cause a world of trouble for parents who have communication difficulties (with each other), especially if the children attend different schools, or, the children attend a school where holidays finish earlier and/or start later than the (State) Gazetted holidays.

 

[AllForHer]

Yes, it's certainly a point of contention, as MartyK says. My husband and his ex just did away with holiday time all together, so the reguar week-about arrangements continue through the holidays. Saves a lot of arguments.