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WA Interpretation of Family Court Orders?

Discussion in 'Family Law Forum' started by Rah, 20 July 2016.

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  1. Rah

    Rah Member

    20 July 2016
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    Hi all,

    I have final court orders from the Family court of WA.

    I have two different patterns for living arrangements. I have half of all school holidays and 5 days every fortnight. The wording of one paragraph of the family court orders is mind-boggling. It states that when the school holidays are over, parties need to revert to the school time living arrangement as if the holidays never occurred.

    What does that mean?

    Kind regards,
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    So, let's say that during school terms, you have the kids every second Friday from after school until before school the following Wednesday.

    On a calendar, mark every single five-day block that the kids would ordinarily be with you, completely ignoring when the school holidays take place.

    Now, look at when the school holidays do take place, specifically when they end.

    If they end on a Monday or Tuesday that falls within one of the five-day blocks that you've marked them as being with you on the calendar, then it means they go into your care after the holidays end until the Wednesday when they go to the other household for regular time.

    If they end on Monday or Tuesday that falls within the other parent's nine-day block, then they go into the other parent's care after the holidays end until the Friday when they go to your household for regular time.

    Basically, they go to whichever household they would ordinarily be at, had the holidays never occurred.

    Does that make sense?
    @thelawbundle likes this.
  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    Can you give us the exact wording? I had the same thing...

    It said something like 'the father to have the first weekend at the commencement of each term', it basically meant that I always had the first weekend after the holidays no matter whether I had them in the first week of the holidays or the second. It just meant one less thing to fight over.

    Between you and me, the fights were over the fact that it meant I had an extra 2 weekends a year, but those 6 nights contributed to an extra 2% of care and that meant a little less family tax or child support, like we're talking a few dollars, oop, sorry ranting.

    Mate, give us the wording in the orders - but also realise that it ain't really worth the fight, unless it is clearly a typo, then you can get it fixed under the slip rule

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