QLD Is it breaching order?

[ATE000Rosemary]

Hi,
In consent order said we share half of school holiday and week on week off for long December holidays. I have 50% parental right. Due to covid ,I received letter from school said school delays two weeks start. Only If you are essential worker they can supervise child for you. So these two week not school holidays or school term. The mother refused to let me look after my son for one week and insist to send him to school carer. Is it breaching court order?
The mother previously already hid child and not send him to school to avoid me from picking him up from school on the final day of school. She breached order right after court closed.

 

[Atticus]

In consent order said we share half of school holiday and week on week off for long December holidays

'Generally' When school holidays are noted in court orders, it's the gazetted school holidays for that state, which I don't think would include the revised start date due to SloMo not having enough vaccine to do what's required (Again)

In that regard, I think the letter of the law would be on mums side ... She's possibly thinking with her hip pocket & how her child support may be affected if the child was to remain in your care an extra week (sigh)

 

[sammy01]

Look. This one is splitting hairs. My advice? You're not gonna get into court quick enough for a judge to decide and you're not gonna convince her she i swrong. So time to take a look at your approach. This is not a fight worth having. WHY? Well look, maybe you're right, maybe you're wrong... But were you ever gonna win the fight? See winning a fight isn't about right and wrong. It is about power. You've just re-enforced that she is the boss. You lost.

Just so you don't go crazy and attack me. So... Back in the day, my ex loved changing when school holidays started and ended. Sometimes they start on the Monday after school ends. Sometimes they started when the bell went on the last day of school. Same deal when it comes to when school ends. Why change it? Well to minimise my time and because she could. It suxs. But she won everytime because the youngest kid wasn't at school, so I needed her to drop him off and I'd breaching the orders if I picked the kids up. After about 2 yrs I gave up, by not engaging I wasn't losing. So, I gave up. I stopped fighting. I wasn't gonna win and by not having the fight I wasn't letting her enjoy fcuking me around. Funny thing happened - after a while she got pissed off because she didn't think it was fair that SHE had to make up the schedule all the time. So I agreed to do it. It is kinda funny. Basically, in her mind she was wasting her time making the schedule and I was being lazy? oh ok... So I made the schedule - made sure it was 50/50 and she didn't complain. Strange...

 

[ATE000Rosemary]

'Generally' When school holidays are noted in court orders, it's the gazetted school holidays for that state, which I don't think would include the revised start date due to SloMo not having enough vaccine to do what's required (Again)

In that regard, I think the letter of the law would be on mums side ... She's possibly thinking with her hip pocket & how her child support may be affected if the child was to remain in your care an extra week (sigh

Hi,
In consent order said we share half of school holiday and week on week off for long December holidays. I have 50% parental right. Due to covid ,I received letter from school said school delays two weeks start. Only If you are essential worker they can supervise child for you. So these two week not school holidays or school term. The mother refused to let me look after my son for one week and insist to send him to school carer. Is it breaching court order?
The mother previously already hid child and not send him to school to avoid me from picking him up from school on the final day of school. She breached order right after court closed.

Thanks a lot. I get your point. I think it's all come from jealous and hate. There is long history she made decisions did not make sense and her intention is not let child spend time with me. 50% parental right means nothing? If she can still make decisions 100% in any critical situation. Maybe I can't claim she breached the order but I think I can demonstrate that she is unreasonable.

Look. This one is splitting hairs. My advice? You're not gonna get into court quick enough for a judge to decide and you're not gonna convince her she i swrong. So time to take a look at your approach. This is not a fight worth having. WHY? Well look, maybe you're right, maybe you're wrong... But were you ever gonna win the fight? See winning a fight isn't about right and wrong. It is about power. You've just re-enforced that she is the boss. You lost.

Just so you don't go crazy and attack me. So... Back in the day, my ex loved changing when school holidays started and ended. Sometimes they start on the Monday after school ends. Sometimes they started when the bell went on the last day of school. Same deal when it comes to when school ends. Why change it? Well to minimise my time and because she could. It suxs. But she won everytime because the youngest kid wasn't at school, so I needed her to drop him off and I'd breaching the orders if I picked the kids up. After about 2 yrs I gave up, by not engaging I wasn't losing. So, I gave up. I stopped fighting. I wasn't gonna win and by not having the fight I wasn't letting her enjoy fcuking me around. Funny thing happened - after a while she got pissed off because she didn't think it was fair that SHE had to make up the schedule all the time. So I agreed to do it. It is kinda funny. Basically, in her mind she was wasting her time making the schedule and I was being lazy? oh ok... So I made the schedule - made sure it was 50/50 and she didn't complain. Strange...

I get your point. I don't think my ex will compromise in any day or time. To achieve her agenda she can mentally abuse a child ( possibly physically already). It is kind of fun for her to see people suffer. My son told me she put him to bed and after that she constantly walked into the room switching light on and off when he opened his eyes she asked him to go to sleep. Even mediators told me It's impossible to communicate with her. I am in a very difficult situation. My child starts to figure it out his mother is different . My son is already showing stress before scheual call with his mother. I have no choice will have to go back to court.

'Generally' When school holidays are noted in court orders, it's the gazetted school holidays for that state, which I don't think would include the revised start date due to SloMo not having enough vaccine to do what's required (Again)

In that regard, I think the letter of the law would be on mums side ... She's possibly thinking with her hip pocket & how her child support may be affected if the child was to remain in your care an extra week (sigh)

Thanks Atticus,
I get your point.
But what's the point that I have 50% parental right? When I don't agree that he goes to child carer when he doesn't need to and OP can 100% make decision. Parental right is very sarcastic. ()

 

[Atticus]

what's the point that I have 50% parental right? When I don't agree that he goes to child carer when he doesn't need to and OP can 100% make decision. Parental right is very sarcastic.

Equal shared parental responsibility doesn't alter the fact that without mutual agreement of both parents the orders must be followed.

I understand your frustration, & a reasonable parent would allow a child spend time with the other parent rather than CC .... as @sammy01 alluded to , probably just a power play & an opportunity to rub your face in it