VIC How do you decide who have the child on their birthday if it is a swap over day

[Stone]

Hi, I have a parenting plan with my ex husband in regards to our two children. We have specified in the plan how to share the children on their birthdays so they can have time with us both. But this time it is on a swap over day, so normally if the child stays at dad I get them after school until 8pm, but this time he stayed with dad until the morning and was suppose to come to me after school. My ex says I can't have him until 8pm does that sounds right?

THis is the wording in the Parenting Orders:
On the children's birthday, if they are not already spending time with the husband:
Fi the birthday falls on a school day, from the conclusion of the school day until 8pm. the the birthday does not fall on a school day, from 10am until 4pm.

Thank you so much,

 

[CSFLW]

Without seeing the parenting plan (or orders) it is difficult to comment.

 

[sammy01]

I think dad's interpretation is right.... If the birthday falls on a school day, from the conclusion of the school day until 8pm....

 

[Rod]

I tend to agree with Sammy though I think the orders are poorly worded.

The birthday overrides normal swap over times (ie after school) and now makes it 8 pm because of the birthday.

 

[linnchin29]

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[Noel Harris]

The birthday clause only kicks in if the child isn't already with dad. Since he stayed overnight, your ex is technically correct. Your normal changeover applies. Worth having a chat with someone who knows parenting orders well to confirm where you stand.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.