VIC Parenting orders say half of school holidays - mother saying that doesn't apply in CV circumstances

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

miguel

Well-Known Member
30 May 2018
87
8
314
Hello

FCC orders say;
"For the first half of the school holidays at the end of Terms 1, 2 & 3 from after school on the last day of term until 5 pm AEST or 5:45 p.m. AESDST as appropriate in the second Saturday after the end of term in even numbered years."

Pretty clear?

Victorian premier Dan Andrews released a statement saying the school holidays brought forward to start Tuesday 24th March. Mother is saying this has no impact. I say it's clear, the holidays start Tuesday and I have them half.

Any thoughts? I can take her to court if need be.
 

sammy01

Well-Known Member
27 September 2015
3,944
561
2,894
Dont bother with court. Be smart...

Nice letter to ex.
Dear ex,

Given the current corona virus I agree we need to put the health and wellbeing of our child first. I'm only too happy to work with you to re-negotiate the holiday schedule. I'd like to suggest we agree that anytime that (child's name) doesn't spend with myself during the holidays will be re-scheduled.

Dont take her to court over this... These are remarkable times and the courts don't need to be clogged up any further. I'm willing to bet we will be in lockdown within a week. Mate this is bigger than you and your family law case....
 
Last edited:

GlassHalfFull

Well-Known Member
28 August 2018
342
26
654
Agree that at this stage it would be silly to take it to court given what's going on in the broader society. However, that doesn't mean parents around Australia should be bullied into stupid, selfish interpretations of the orders... Half of the school holidays equals half of the school holidays and both parents should, if at all possible and if court orders stipulate it, be spending equal amounts of time with the children while they are not in school. Especially in circumstances where both parent CAN look after the children. There must be a lot of primary carers out there right now freaking out about HOW they are going to be able to find the time to look after their children for longer than what they had previously budgeted their annual leave for, and wishing their ex could help to take up the slack.

And Sammy, it's all well and good to say you are happy to re-schedule the time to be made up elsewhere, but that's not usually possible when the children are in school... Time spent when their children are not in school is extremely valuable to many parents and should be shared unless there are good reasons why not...
 

Atticus

Well-Known Member
6 February 2019
642
114
2,394
When setting visitation dates in parenting orders around school terms/holidays... Those dates are accepted to be the gazetted dates set out by the relevant states education dept...

In these extraordinary times, common sense & flexibility are key..... If you can agree on flexible arrangements around altered dates & school closures, great. BUT, if you can't, no court is going to involve itself in a fight over these temporary, emergency arrangements being currently rolled out to tackle a national crisis.... So, if you can't agree, then you should adhere to the dates as gazetted..

Victoria School Holiday Dates 2020 | Victoria School Holiday
 

sammy01

Well-Known Member
27 September 2015
3,944
561
2,894
On a side note - Gee I'm glad Victoria is smart - NSW is stupid
Calendars
So for example - the school term ends on Thursday 9th April this year... (good friday)
BUT - the holidays don't start until Monday 13th April.. So that is 3 days to fight over... In my world, back in the day - My ex would chop and change when the holidays started to minimise my time - EVERY TIME...

Miguel and others, this is not a fight worth having because it is not a fight you can win and the courts will be closed.
 

miguel

Well-Known Member
30 May 2018
87
8
314
Normally I take Sammy's advice, I really had to think about this. In hindsight when the ex started the access denial I should have used that to take the kids to my sister's interstate - didn't have orders and strong evidence of denial.

So today went to the school early and got the kids. Ex called the cops, they turned up, showed the cops the orders, they said you should have talked about it, I showed texts showing the ex was going to deny again, they said cool, seeya. Have a nice holiday.

My ex would see Sammy's previous advice as an invitation to breach.

I'm not worried as the ex is a chronic denier and liar. Her barrister hated her, the judge said she is a poor witness. It does come back and bite them but you never get the time with the kids back.

Oh and she's a nurse who says there's no work for her!

Mig.
 

sammy01

Well-Known Member
27 September 2015
3,944
561
2,894
JUST CHECKING - final court orders or interim?

Mate if they're final orders, then sweet and I'm very very happy to be proven wrong... Vic is smarter than nsw - I believe they're closing schools... More importantly, good to see the cops not going crazy...
Well done champ - enjoy the time with the kids.
 

miguel

Well-Known Member
30 May 2018
87
8
314
JUST CHECKING - final court orders or interim?

Mate if they're final orders, then sweet and I'm very very happy to be proven wrong... Vic is smarter than nsw - I believe they're closing schools... More importantly, good to see the cops not going crazy...
Well done champ - enjoy the time with the kids.
Hi Sammy,

Yes Final orders. I wouldn't have done it with interim.

The key wording by the Vic premier was 'bringing school holidays forward' and given the wording in the orders it's very clear.

She's gone a bit troppo, just stuff to use if need be :) I'd rather have an amicable relationship with her but she's only capable of that if she feels in control. Which I don't mind except when it comes to time. I'll fight every time for that and I think it's worth me showing it.

Mig.
 

GlassHalfFull

Well-Known Member
28 August 2018
342
26
654
Does it matter whether they're interim or final orders? They're still equally binding are they not? I agree with you, time with the children - you don't get that back, especially blocks like school holidays. Even if she was made to give you make up time, it'd be hard to have equivalent time elsewhere to make it up.
 

sammy01

Well-Known Member
27 September 2015
3,944
561
2,894
"Does it matter whether they're interim or final orders? They're still equally binding are they not? "
Equally binding - But then there is strategy.

With interim orders - If Miguel took the kid it would contribute towards making the case that the parents are high conflict - That he was conflict focused NOT child focused.

But - Final orders - means he doesn't have to dance around the ex to make a picture that he can co-parent.