ok a little more detail is required. So the court orders are the default. That is cool if there is a disagreement just go back to that. BUT are you telling us you're getting more time with the kids? and she will agree as long as you don't tell CSA, for example? OR that she'll agree to the extra time as long as it is at her discretion? Or that she'll agree to the extra time BUT won't formalise it thru consent orders...
Look the problem you're gonna have is that verbal agreements are great, they get you more time with the kids. COOL. But if you notify CSA then it reduces her payments. So what to do? continue paying more? go to court, which could cost even more than the child support. OR do something else..... I'd suggest something else. WHAT? well get a long track record of extra time. Call csa to ask about how they would like you to 'prove the extra time' THEN make a change of assessment in a year or so.
I'm making a few assumptions in this post. I hope they are on the money.
No, the deviations are to do with international travel. So final orders are 3nights / week and half gazetted holidays, but special orders state that she can travel with child to France for 6 weeks in each 12 month period , with no pay back time to father.
Orders were to start 9th Sept 2015, but I agreed, on her asking, as I gave her goodwill and agreed, that she could take 6 weeks Nov 2015 to Jan 5th, 2016, then from start of calendar year she could take holidays within that 12 month period as well, and from 2016 and every year we would go by calendar year, in essence giving her 2 holiday periods within the 1st 12 months, the deviation also stated though that the 6 weeks was not to go over into the start of new year for more than 5 days or it would be deemed as holidays in that year if over that 5 days. And that 6 months must be kept between holidays.This in essence means that I would always have around 3 weeks of gazetted holidays in summer holidays regardless of her travels.
Also we had written in that if Father had already made plans over gazetted holidays that mother would make every effort to take these into consideration and make a concerted effort to work on his half of gazetted holidays. So what has happened to make me want to protect this agreement is that mother wishes to take holidays August through entire gazetted period of school holidays to Oct, that is fine but I had submitted my plans already that showed I was booked to see Family in 1st week of those holidays, ok not a big deal but all she needed to do was step her holiday forward 1 week, so I could have last week of the holidays, and she still have her six weeks, but of course, that is a no go.
What I expect will happen next year is that she will wish to have the entire Summer holiday period of six weeks and claim she will no longer follow our agreement, having really made it I guess to suit her purpose of the first year of orders, and when it interferes with what she wants she will not agree, so I have asked her if she is still happy with the deviation and her has replied yes, I was thinking it would be best to see if she will do consent orders and get them added in, either way, it will show me whether she is committed to what she says or not,so far already she is totally ignoring my pre-made plans with my family for this year.