VIC Interpretation of Parenting Orders Regarding Public Holidays?

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Bstef99

Well-Known Member
4 February 2018
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Would appreciate an opinion on the public holidays and the following please. Thanks in advance for any responses.

Final parenting orders state, during gazetted school terms (for Vic) the children live with the mother and spend time with their father:

From after school Friday to before school Monday in week one, and from after school Monday to after dinner Tuesday in week two;

With such time to be extended by 24 hours to incorporate any public holiday which is adjoining such time.


The 24 hour extension is the bit that is confusing me…

I assume this is done to limit changeovers/potential for conflict?

My question is...We have a public holiday on Monday and then a student-free day at the school on the Tuesday. It is the children’s weekend with me this weekend (so the kids would normally be picked up by their Dad from school on the Monday afternoon following the weekend with me).

What should technically happen here? I come up with something new every time I read this to the point it now makes no sense to me at all! I know there’s no magic in it and will put it to the ex for their opinion on what they’d like to do this weekend. It’s just that it’s the first time this has occurred and wanted to be clear in my head first.

Do we have a special changeover on the Monday afternoon at what would have been school pick up time? Or a special changeover on the Tuesday? Or do the kids spend the whole weekend with me through to me taking them to school on Wednesday morning?
 

Rod

Lawyer
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27 May 2014
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Ignore the student free day. Your orders make no mention of it.

My opinion is if there is a public on the Friday or Monday public holiday in week 1, then the father receives an extra 24 hour period. In week 2, if there is a public holiday on the Tuesday then the father gets an extra 24 hours if the Monday is a school day.
 

sammy01

Well-Known Member
27 September 2015
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Do you have grey hair? I'm hoping not... Do you want grey hair... HELL NO... I totally get how you could interpret the orders 3-4 maybe 5 different ways...
But you are the primary carer right? So you have more time with the kid than dad right???? (look I'm only assuming based on your post.)

Story time - My ex is a nutter. Every holidays she would find excuses to minimise my time... Do holidays start on Friday when school breaks up? Saturday morning? Monday when the kids would otherwise be attending school? Same with when holidays end... Friday before school goes back? sunday night? Monday when school starts? and every time what ever decision she made it meant less time for me with the kids.

So what ever way you go LEGALLY won't matter, it wont be worth him taking you back to court because you interpreted it differently.... BUT if you want a relatively peaceful post separation life... Take this piece of advice...

Ask dad what he thinks? Go on dare ya... Stress less - live more... IF you make sure what ever decision you make gives dad a bit more time, you are on a winner... The sweetness of kharma will rain down on you making the fruit and veg in your garden blossom...

I know I know sounds like I'm a stoned hippy. But I'm not, just a guy with grey hair way too early in life
 

Bstef99

Well-Known Member
4 February 2018
18
3
74
Yes I am the primary carer with more time than the ex. To be fair the court ordered that for a reason. No dares required, though! I did mention in my post that I will ask the ex what he wants to do... and usually do when curly ones like this come up for the first time despite the fact I can't stand him. Sorry, seems harsh but just being honest. Admittedly, it has taken a loooong time to get to this headspace.

Realistically, the kids need to be picked up/dropped off at school at a particular time, so it needs sorting. Have just agreed to whatever he wants for term holidays and is liberating contemplating where "I" would like to travel during my free time now. I get it, give and thy shall receive. Karma. B*tch. Best revenge is good life lived etc. etc. And I've figured it's all swings and roundabouts in the end anyway.

I just want to understand what our very expensive final orders mean. Not trying to restrict time. So just to be pedantic, the 24 hour extension for public holidays usually refers to time the kids spend with him ONLY (not with me)? And the 24 hour extension is added on to either side of the public holiday?
 

Rod

Lawyer
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27 May 2014
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The orders you quoted refer to the father, not you. So any extension in time is his.

Sorry, I don't know if 'extension' has a legal meaning in family orders referring to the commencement or end of a period. Recommend however you say to ex he can choose start or end. Might make life simpler.
 

Rod

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27 May 2014
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