QLD Clarification of consent orsers

Discussion in 'Family Law Forum' started by Thefactsonly, 2 December 2018.

  1. Thefactsonly

    Thefactsonly Well-Known Member

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    hello,
    Just after some clarification on how you would understand the following:

    .....Failing agreement child Xx & Yy to spend Friday after school to Monday before school on a fortnightly basis with parent A. All other times with parent B.

    School holidays: that the children's alternate weekend time with parent A pursuant to Order 4 is to be suspended during the Easter, Winter, Spring and Christmas summer school holidays each year.



    I am specifically asking about this school term as it is coming to a close and Christmas holidays about to start. Do holidays begin on a Monday of the next week (that would have been school?). Previous holiday periods have been ok as the final weekend fell on parent B's regular scheduled weekend so it was very clear. There is unfortunately no response to my text regarding this next holiday period so I would appreciate responses of how you would interpret this order.

    Appreciate it.
     
  2. sammy01

    sammy01 Well-Known Member

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    oh dear... I feel for you if you're the parent A...
    IT all depends on parent B. Sadly, the magistrates have still not worked this one out. My ex loved moving the goal posts to stuff me up on holidays. I'm a teacher, so her favorite one was to tell me that I had to look after the kids on the student free days because they are holidays, she knew I had to go to work... So you can see I feel your pain
    That is why my current set of orders specify that we go by the NSW Dept of education website. (I'm in NSW). If you're parent A suck it up, you'r not gonna win. If you're parent B. Grow a heart, you have 90% care of the kids let the other parent have a little bit more. It wont kill you.

    So the reason it depends on parent B is that you're not gonna get back into court anytime soon. That sux. But the reality is this sort of stuff in not worth the grief of a contravention hearing. BUT if you're parent B - grow a heart, seriously. Like I said, my ex used to love mucking me around with this stuff. Here is another reason to grow a heart... My kids now live with me... If you're parent B, you might just want a favour from parent a someday OR the kids might wind up living with parent A down the track. Would you want them to use the same stingy tactics on you...

    The facts only, if you have interim orders, ask magistrate to clairfy meaning. I have read some orders that explain the interpretation of when holidays start...
     
  3. Thefactsonly

    Thefactsonly Well-Known Member

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    Have final orders. Yes I am parent B but am having no response. I refuse to let the kids be the messenger and orders stipulate communication between parents anyway.

    I am specifically wanting to know interpretations of how the orders are supposed to be read. If it would usually be parent A weekend on that final weekend, but the govnt website lists the date as school finishing on the Friday so I use that actual date going forward? Every other holiday period has ended with my weekend being the one when school ended so it was easy.
     
  4. sammy01

    sammy01 Well-Known Member

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    There is no definitive answer... Why? because the orders are vague. Do the holidays start on the first work day after school finishes (so if school finishes on Friday then the Monday after the weekend would be the first work day)? OR when the bell goes on the last day of school? OR the day directly after the last day of school? OR the orders say holidays start as per a particular website? OR some other sources?

    So there are at least 5 different interpretations, Each of them have their merits...
    How are the orders supposed to be read? Again, because no specifics have been provided there isn't ONE single right answer.

    BTW in my experience and again based on your orders it might be that dad's weekend will be the start of the holidays at least some of the time next year.... So what would you like the solution to be then?

    Best solution? Ask the ex his interpretation and if it isn't gonna kill ya (and it wont) go with that and let the warm breeze of Kharma lift your sole beyond the doldrums of this crap and realise that as the primary carer, if the way dad chooses to read it is different to you, that isn't because he is wrong and life is way too short to be fighting over this crap... Trust me I know, I've been there....

    so the ex won't respond? My thoughts on that one.... Easy.
    Dear ex,
    My interpretation of the orders is this XXXXXXXX. Unless you communicate with me directly and preferably via email I will assume you agree.
    Kind Regards
    blah blah.
     
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