VIC Not Enough Statutory Long Weekends to Satisfy Orders?

[Parent]

Orders provide for the children to spend three long weekends per calendar year with the non-custodial parent (NCP). There are separate orders for school holidays and Easter (which was part of the holidays with the NCP this year.

There are only two statutory long weekends outside of holidays in the Victorian calendar so the NCP suggested that the Melbourne Cup weekend be the third long weekend (one child has a pupil free day anyway). The custodial parent (CP) is stating that Easter fulfilled the requirement for the third long weekend. Does anyone have an opinion about how that might play out in family court?

 

[sammy01]

what is in the orders? the wording of the orders matter. So my orders say the ex has the kids for extended long weekends. (not necessarily official public holidays) and stipulates that it is week 6 of term 2 for example.

If the orders are vague. Give up. You're only other option if the other parent wont play nice is to apply to court. Just not worth it I'm afraid.

 

[Parent]

Thanks for your response.

For three (3) long weekends in each calendar year at such times as may be agreed between the parties;

 

[sammy01]

I'd be making the point that the order clearly state by agreement. So they are not public long weekends. Make that case now. Be assertive but polite. It will likely fail.
So then forward plan for next year.
Dear ex,
In 2019 I would like my extended weekends to be on the following dates.....
Blah
Blah
Blah
Do you agree? Alternatively can you please provide your preferred dates.
Kind Regards