Good morning brains trust, seeking some thoughts on the situation below.
Orders have been in place for care of children (now 10 and 12) since October 2018, however there continues to be high conflict between parents, and there are often attempts to "imaginatively" interpret the orders to decrease father's time with the children. We're stuck in another one of these situations with Easter approaching. The clauses relevant to the discussion are the ones relating to school holiday time, and then specifically Easter (edited to the relevant parts only):
I think the intent of the orders is clear, that the Easter provision sits over regular care arrangements, in the same way that Mothers and Fathers Day do, without triggering a need to 'make up' time elsewhere. I believe that is supported by a further clause which specifically suspended the father's time at Easter in 2019 (as the mother was planning a holiday when the orders were made), when Easter also fell in the middle of school holidays. Surely if the mother's interpretation were correct, the clause suspending the father's time wouldn't be necessary?
The father creates a calendar at the start of each year incorporating all of the orders (school time, holiday time, special occasions) and sends it to the mother in the hope that these situations can get dealt with early but of course it gets ignored until she looks at it a week out from holidays and starts arguing. Several emails have been exchanged now with no progress on the issue.
Getting involved with lawyers and/or contraventions etc seems excessive over a couple of days at Easter but in this relationship with a very controlling, high conflict person maintaining boundaries is also important. She may be emboldened to push more boundaries at the moment after recent issues with the father's eldest daughter (not related to this mother).
You cant stop nutters being nutters, as is often said on this forum. I personally think we've exhausted anything being achieved by email exchange but unsure what to do next. Thoughts?
Orders have been in place for care of children (now 10 and 12) since October 2018, however there continues to be high conflict between parents, and there are often attempts to "imaginatively" interpret the orders to decrease father's time with the children. We're stuck in another one of these situations with Easter approaching. The clauses relevant to the discussion are the ones relating to school holiday time, and then specifically Easter (edited to the relevant parts only):
- "... parties spend time with the children during school holidays as follows: ... the father spend time with the children from Friday 8:30am or conclusion of school to Tuesday 8:30am or commencement of school and this continues through the school and Christmas holiday period thereafter very 2 weeks, save and except for the other Orders in relation to school and Christmas holidays."
- "For Easter 2020 and every alternate year thereafter there mother will spend time from after school Easter Thursday to 5pm Easter Saturday and then with the father from 5pm Easter Saturday to 5pm Easter Monday."
I think the intent of the orders is clear, that the Easter provision sits over regular care arrangements, in the same way that Mothers and Fathers Day do, without triggering a need to 'make up' time elsewhere. I believe that is supported by a further clause which specifically suspended the father's time at Easter in 2019 (as the mother was planning a holiday when the orders were made), when Easter also fell in the middle of school holidays. Surely if the mother's interpretation were correct, the clause suspending the father's time wouldn't be necessary?
The father creates a calendar at the start of each year incorporating all of the orders (school time, holiday time, special occasions) and sends it to the mother in the hope that these situations can get dealt with early but of course it gets ignored until she looks at it a week out from holidays and starts arguing. Several emails have been exchanged now with no progress on the issue.
Getting involved with lawyers and/or contraventions etc seems excessive over a couple of days at Easter but in this relationship with a very controlling, high conflict person maintaining boundaries is also important. She may be emboldened to push more boundaries at the moment after recent issues with the father's eldest daughter (not related to this mother).
You cant stop nutters being nutters, as is often said on this forum. I personally think we've exhausted anything being achieved by email exchange but unsure what to do next. Thoughts?
