My ex and I lodged consent orders that began in February. It has not been an amicable process.
The orders state:
4. The children are to live with the Mother.
5. Unless otherwise agreed in writing between the Mother and Father, the children are to spend time with the Father as follows;
(a) from 7.30am on Friday until 2.00pm the following Sunday each alternate week;
(b) Notwithstanding Order 4 and 5(a):
(i) the first week of both the June/July and September Gazette Queensland school holidays;
(ii) the first and last week Christmas gazetted Queensland school holidays.
I currently have the children this week for the first week of the holidays. My ex and her solicitor say that I must return the children this Saturday rather than Sunday (even though it would be my alternate weekend) as the term time weekend arrangements are suspended during the holidays. It doesn't state this in the orders and I think the presumption is therefore that I get both the week in the holidays as well as my normal weekend. It's the first time I have been able to have them for an extended time since we split up and I would really like to have until Sunday with them.
I know it's not sensible to fight over a period of less than 24 hours but this will be a recurring thing every holiday. My ex's solicitor simply says that weekend term time is suspended without giving me any reasoning why.
Two questions:
1. Whose interpretation of the consent orders is correct?
2. What action can I take when the orders may be ambiguous?
The orders state:
4. The children are to live with the Mother.
5. Unless otherwise agreed in writing between the Mother and Father, the children are to spend time with the Father as follows;
(a) from 7.30am on Friday until 2.00pm the following Sunday each alternate week;
(b) Notwithstanding Order 4 and 5(a):
(i) the first week of both the June/July and September Gazette Queensland school holidays;
(ii) the first and last week Christmas gazetted Queensland school holidays.
I currently have the children this week for the first week of the holidays. My ex and her solicitor say that I must return the children this Saturday rather than Sunday (even though it would be my alternate weekend) as the term time weekend arrangements are suspended during the holidays. It doesn't state this in the orders and I think the presumption is therefore that I get both the week in the holidays as well as my normal weekend. It's the first time I have been able to have them for an extended time since we split up and I would really like to have until Sunday with them.
I know it's not sensible to fight over a period of less than 24 hours but this will be a recurring thing every holiday. My ex's solicitor simply says that weekend term time is suspended without giving me any reasoning why.
Two questions:
1. Whose interpretation of the consent orders is correct?
2. What action can I take when the orders may be ambiguous?