SA Family Law Interpretation - When Easter is in School Holidays?

[Parent]

My reading of this is that in April 2018, when the holidays begin with Easter, that 6(c) is not relevant (because its not an odd-numbered year) but 6(d) is and includes the Easter period. Is that a correct family law interpretation?

(The children live with the mother)

(6) Following relocation the children spend time with the father as follows:-

(c)
For the Easter period from the afternoon on Maundy Thursday to the afternoon of Easter Monday at such times as may be agreed between the parties in odd numbered years;
(d)
For the first half of school holidays including Christmas Day in even numbered years and the second half in odd numbered years;

 

[AllForHer]

Hold on...

Do state schools in South Australia start their Term 1 holidays on 13 April this year, or am I misreading that? That would mean the Easter period is actually two weeks before the holidays are scheduled to start?

 

[Rod]

Without checking when school and easter fall, yes.

The father is entitled to have the children during the first part of school holidays in 2018.

But not sure what the rest of the orders say and whether one of the other orders takes precedence.

 

[Parent]

Hold on...

Do state schools in South Australia start their Term 1 holidays on 13 April this year, or am I misreading that? That would mean the Easter period is actually two weeks before the holidays are scheduled to start?

Sorry - I put SA but my children have relocated to VIC - so its Vic school holidays,

 

[AllForHer]

Ah, I see.

My interpretation is the same as yours - it's an even year, so you have the first half of the school holidays, which according to gazetted school holiday post, is from after school 29 March 2018 to before school 16 April 2018. Your orders may calculate the number of nights in holiday periods differently, so make sure you check that as well.

In line with that interpretation, Easter is irrelevant for the purpose of the orders this year.

 

[Parent]

Many thanks for your advice and sorry about the initial confusion.

 

[Corinne]

It's open to interpretation. Yes Easter could be irrelevant this year but the first half of holidays could also be irrelevant. Which one is easier to change and cause less friction? You can't change Easter but there's still a full week of holidays you could have instead...

My experience living in a household with court ordered access is that compromising and keeping the peace when issues like this arise ensures everyone sleeps a little easier.

Personally, if this were me I'd elect to have the second half of the holidays instead, seeing as you had Easter last year.

Not something you have to do obviously but finding alternative solutions to disputes that won't completely put you out means less of a headache in my opinion. Unless, of course, you've already booked time off work, travel or accommodation etc in which case that would put you out.

 

[sammy01]

I'm in NSW. This year easter falls outside school time. So no problem as far as your orders go... But IT seems you're orders contradict themselves... So my understanding is that you have the kids for the first half of the Autumn break this year... Nice easy... OOPS nope, because the orders (at least imply) that mum has the kids for Easter this year... Now if Easter falls inside the first week of the school holidays THEN according to the orders Both of you have a convincing argument that they should have the kids...

So help me out, what do you think should happen next year IF easter was to fall in the second week of the holidays - OR right in the middle of the holidays? According to the orders you have the kids during easter in the odd years BUT according to the holiday clause they would be with their mum?
Solutions?
1.Find a compromise with mum.
2. Seek an amendment under the slip rule. Basically you can get an amendment without even going to court IF the registrar of the court agrees that it is an admin error and nothing more sinister
3. Take it back to court.

My orders said the ex had the kids from noon on Christmas eve in odd years. It then said she had them from noon on Christmas eve in even years. For 5 yrs we swapped because the intention of the orders was that we swap each year... But when the ex realised there was a mistake in the orders she pounced. Theoretically, it would mean I never have the kids on Christmas morning ever again... I contacted my solicitor who wrote the consent orders... They accepted it was a mistake and contacted the ex... She argued, so they wrote to the court and asked for it to be changed under the slip rule and I got nice new orders delivered ready to put into my chrissy stocking about a week before Santa came.... I think that is your best approach because it appears to me that there is a contradiction in the orders that was unintentional and makes them unworkable

 

[Parent]

Hi Corrine, in what sense could the first half of the holidays be irrelevant? There's a order 6d saying the first half if is with the father. The reason I am saying Easter is irrelevant is because the order 6c is only relevant in odd years.

 

[Parent]

Is it a common occurrence to have orders that are interpreted so differently, even by lawyers?