Extra days for special events.

Discussion in 'Family Law Forum' started by Deano, 10 September 2019.

  1. Deano

    Deano Member

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    I have consent orders that outline time I can spend with my children. The mother who has primary custody, is insisting she has the fin a l say and has to approve the dates I request for visitation. We also have a clause about twk e tra nifmghts in my care for school events and special events. She is also insisting she gets to say which events are soecial enough. say what is ans is not an event a special event.

    My question is dose she get to decide and reject dates and events or am I just required to give the mother the stated notice period?

    This is the wording of the orders.

    Time Arrangements

    That the children shall live with the Mother and spend time with the Father as agreed between the parents but failing agreement then as follows: a) During school terms for one (1) weekend each term from the conclusion of school on Thursday and until the commencement of school on Monday, with the Father to ensure the children attend school;
    b) For no more than two (2) periods each year the father be at liberty to attend a school event or other special event that any child may be involved in and the Father to care for all three (3) children for two (2) overnight periods. The Father will provide the Mother with as much notice at possible and at least (two (2) weeks) with the Father to ensure the children attend school if there is a school day during this period;
     
  2. sammy01

    sammy01 Well-Known Member

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    two contradictory answers.
    You are the boss. You have to give her 2 weeks notice. That is all.
    The reality... She is the boss. Mate the system is crook and so are those orders. You ask for dates and she refuses. But with such minimal contact with the kids how the hell do you know if there is a 'special event'? My thinking. You ask to see the kids on their birthdays. She will refuse, so ask to have them the day after, or the weekend after birthdays.
     
  3. Scruff

    Scruff Well-Known Member

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    It's important to interpret this bit correctly. The words "be at liberty" mean that a "permission or right" has been granted. It's the opposite of "not at liberty" which means that you are "prohibited" from doing something.

    So in this case, the Court has granted the father the right to dictate the two events he wishes to attend and the mother has no say it, provided that "appropriate notice" is given. Unfortunately, "appropriate notice" is open to interpretation.
     
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    #3 Scruff, 11 September 2019
    Last edited: 11 September 2019
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  4. Tremaine

    Tremaine Well-Known Member

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    Agree with Scruff. The orders don’t require mum’s approval, just notice issued to her.

    Ny partner’s ex tried it on - calling the shots on holiday time, when the orders didn’t require her agreement, just notice. The court was not pleased.
     
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