NSW How does alternate weekend time work after holidays are over

[Ajay65]

Hi, I have final court orders and have sole parental responsibility of my child.

As per orders my ex will have the child on alternate weekends and half holidays.
The orders for weekend time is suspended when its school holidays.

When school holidays are over, how would the order for weekend time work?
a)When the Holidays have concluded, the alternate weekend time continues as it normally would i.e. alternate weekends from the date of the orders or b) the parent who didnt have the child on previous weekend(during school holidays) will have the child now?

 

[Bananatree]

It would depend how your orders are written. I've seen orders where term time runs in the background over school holidays so alternate weekends from the date of the orders. And I have also seen orders where it is as if the holidays aren't there so if one parent had them the last weekend of last school term the other parent has them the first weekend of this. I personally haven't seen any which alternate depending on the school holidays

 

[sammy01]

Look, unless there is a specific wording then you're screwed. My orders stated something like 'with the father to have the first weekend after the resumption of school'.....
That made it very clear. So without reading the orders you're not going to get a precise answer from anyone here....

Not legal advice just friendly personal advice. You have sole parental responsibility. You can choose how you interpret the orders and possibly make it impossible for the ex. So for example, if the ex works alternate weekends you could force him/her to have the kids on the weekend he/she works. You could do that. But what good comes of it?

 

[Ajay65]

Look, unless there is a specific wording then you're screwed. My orders stated something like 'with the father to have the first weekend after the resumption of school'.....
That made it very clear. So without reading the orders you're not going to get a precise answer from anyone here....

Not legal advice just friendly personal advice. You have sole parental responsibility. You can choose how you interpret the orders and possibly make it impossible for the ex. So for example, if the ex works alternate weekends you could force him/her to have the kids on the weekend he/she works. You could do that. But what good comes of it?

Thanks For your response.

No I dont want to make my ex life difficult. Just want to understand how to correctly interpret the orders.
I think you are correct in saying the the description didnt have enough information on wording for the orders.

This is what the orders state:
That the child spend time with the mother each alternate weekend as follows:
"Commencing Friday 25 February 2022, from Friday after school (or 3.00pm) to Tuesday before school or 8.00am"

For holidays:

That notwithstanding any other Order, Commencing 2022, during the Christmas holidays, the child spend time with the mother as follows:

"For the first half of the school holidays in even-numbered years."

I hope this helps.

 

[Rod]

Your orders make no provision to alter the alternative weekends.

 

[sammy01]

"That notwithstanding any other Order, Commencing 2022..."
ok, so the word 'notwithstanding'.... means the other holidays dont affect the routine. so you continue pretending normal alternate weekends happen during the holidays and then who ever would normally have the first weekend after the holidays has the kids.