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gunnerzzzz

Well-Known Member
8 March 2020
45
0
121
hey.

I had a judicial assessment done last month. There was an error in how a previous solicitor drafted long holiday time. I literally had a 20 minute argument with the judge over this. Its not even huge, and a lot of people on here have far worse issues at the moment, but considering i'm entitled to as such and have had to give up a lot its annoying as I cant wrap my head around how its not understood and has such made it necessary to have to file an application in a case to solve. literally stupid. Also pissed me off when the judge stated its a shame i'm holding up completing this case over something so small. Considering we had a 50/50 an my ex wants to move, so i'm the one giving up heaps of time because of such changes. Honestly having to type this up on the matter further pisses me off for advice.

I guess people will say its my fault for not bring it up at the time, but when somethings sent through to you... I hardly have time to thoroughly analyse dates etc in the 2 minutes before having to get back in the conference call as the judge is waiting and has another matter soon.

Can someone explain how i'm wrong please!!!

So Holidays where agreed as half.

Worked out as described;

X.1 With the "other party" in 2020/2021 and in each alternate year thereafter from the
conclusion of school on the last day of Term 4 to 6.30pm to the fourth Friday of
the school holiday period such that "xxxxxx" spend three consecutive weeks in
their care;

X.2 With the "myself" in 2020/2021 and in each alternate year thereafter from 6.30pm
on the fourth Friday of the school holiday period and for the balance of such
period NOTING THAT "xxxxx" time with "myself" pursuant to paragraph 3
hereof shall recommence on the first Friday of Term One in any year;

So basically the first parent has 3 weeks..... the other until school starts. alternates each year. standard I suspect.

Now the other party than agreed to give myself an extra 7 days as settlement for previous withholding of the child.
The other party is first this year.

So three weeks (21 days) minus one week (7 days) equals 2 weeks (14 days) that the other party should have over this long holiday period.

further;

School holidays start the 11th of December 2020. Three weeks equals a return date of the 01.01.2021. So then I should have from the 01.01.2021 until school starts on the 27th of Jan 2021, as described in paragraph X.

Now minus the 7 days off the other parties time from the above sentence, means the other party return date is on the 25.12.2020 and then with myself until the 27.01.2021.

The issue i'm having now is instead of just stating something like for a one off year in 2020 the mother gives the child back 7 days earlier or something like that.... A whole new paragraph was placed.

as detailed.

During the Christmas school holidays in 2020/2021 only, xxxxxxx spend time with each
of her parents as follows:-
5.1. With the "other party" from 6.30pm on Friday 11 December 2020 to 3.30pm on
Christmas Day;
5.2. With the "myself" from 3.30pm on Christmas Day to 6.30pm on Friday 22 January
2021 NOTING THAT "xxxxx's" time with "myself" pursuant to paragraph 3
hereof will commence on Friday 29 January 2021.

The issue here is that the solicitor at the time, incorrectly just added a week to three weeks and stated that the child is to return on the 22nd (exactly 4 weeks later)... thus meaning the child has to get handed back 5 days early and giving the extra balance of time this year back to the other party. Who in turn will get a further extra balance of time in 2021/2022 as they are second in long holidays. The judge even stated to me one parent gets a balance one year, and the other the next. It all balances out. So for the life of me...I cant understand how this judge could not see this. Next year is an excessive balance also. Myself would have 21 days. The other party 31 days. meaning I wont see the child for 35 days in total.

Further;

Without paragraph 5 in the orders, If no agreement was ever made over extra time from withholding, as described in paragraph x then the other party would have 21 days this long holiday period. Myself would have 26 being the second parent.
Now further to take into consideration, the other party being the first parent in long school holidays, Christmas day until boxing day would have to be given to myself anyway. Plus we also have orders that the parent who misses Christmas eve gets new years eve until new years day. The other party would have to give myself 2 days anyway in that 7.


So if paragraph 5 never existed....
The other party would have 19 days in total. Myself would have 28 days in total because of the above exclusions.


Now with paragraph 5, which is there as purely because myself is apparently getting an extra 7 days remember, If you count up the amount of time each.... The other party has 19 days. Myself has 28 days. Exactly the same. Honestly makes no difference.

I simply asked the judge to change paragraph 5.2 to state the child returns on the Wednesday the 27th of January, as it would have been without paragraph 5 in the orders. So it will work as intended. who refused.

The judge couldn't understand how its wrong. Even having a go at me like i'm some idiot who cant count... and off course the other party would refuse my request. They are getting 5 days for free.

For a period of time the judge even interpenetrated paragraph X.1 to mean that 4 Fridays from the 11th of December 2020, meant that the other party without paragraph 5 being in the orders, would have surpossed to have had until the 08.01.2021. 4 weeks of time, saying that i'm actually getting a better deal this way. When the next sentence clearly states 3 consecutive weeks.

So am I wrong? or how can I possibly make this any simpler?

If the judge wont change 5.2 because they think its correct, then the only way around it would be to get like 5 or 6 paragraphs in total changed to make myself the first parent this long holidays, and the other parent first the following long holidays. Then add a whole new paragraph to allow the other party to have Christmas eve, for a once off year, as I had it last year.

Otherwise I might aswell tell them to jam paragraph 5 all together.

On a side note, the child starts school next year. Having to take less time and her being further away, I was really wanting to be the one to take her in the first day. big step in life. That's another reason im pissed.

A LOT OF EXTRA WORK THERE BECAUSE A JUDGE DIDNT WANT TO CHANGE A 22 TO A 27 ON PAPERWORK!!!!!.
 

Atticus

Well-Known Member
6 February 2019
1,155
187
2,394
Mate ... I doubt your crazy, but I can't get my head around this right now .....

If it's just a matter of changing a figure on one line, then perhaps the slip rule could be used?.. Probably need the other party to agree for that to work though. Any chance of that?
 

sammy01

Well-Known Member
27 September 2015
4,193
603
2,894
I had a similar piece of stupidity. I got it changed under the slip rule even thought the ex objected. my solicitor wrote to her. She didn't respond so soliciotr wrote to the court and orders got ameneded under slip rule