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ACT Consent Orders - Can Ex Refuse to Facilitate Makeup Time?

Discussion in 'Family Law Forum' started by mierd, 22 June 2016.

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  1. mierd

    mierd Member

    11 March 2016
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    I currently have final consent orders in place for parenting of my children. There is a clause that states:

    "in the event that X is unable to spend time with the children pursuant to these orders, X shall notify Y no less t,hen two weeks prior in writing and nominate a proposal for make-up time."

    I have proposed on two occasions for make-up time for three days which I have missed. The other party has replied in writing that whilst I can propose make-up time, they (the other party) do not have to make up all missed time.

    Is this an accurate and correct interpretation of the order? I.e., that I can propose dates for make-up time, but Y is within their right to refuse my proposed dates per the final orders?

    Thanks for your help
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I would say the other party has a valid argument. A proposal, under the ordinary meaning, is a suggestion, but there's nothing to indicate the other party must accept the suggestion made.

    If the opportunity ever arises, you might consider changing the order to give effect to the make-up time occurring on a time and date nominated by X, conditional on notice of make-up time not occurring less than four weeks prior to the nominated make-up time and date.

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