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

[sammy01]

See I reckon there are two distinct problems.
1. When holidays start - Vic is starting holidays early But are they finishing early? or is it a longer holiday?
And
B ) If this thing goes on for months then education continues. Teachers are expected to deliver content either on-line or by post. So school is in session - NOT Holidays.

Answers? Dont have any. No one does - so make it up as you go...

I'm gonna offer my ex some make up time for the 1 week she is gonna lose. But if this goes beyond the July break then I wont be offering her additional time for the July holidays

 

[GlassHalfFull]

Sammy, at the very least, what we understand is that Vic school holidays started early but at best would end at the usual time. But worse case scenario is they don't end for months. Although it might make sense for simplicity to assume the school holidays are the gazetted dates, that would give (in most cases) the non-resident parent 1 week, and the resident parent 3+ months if things drag on that long. That isn't in the spirit of the orders which was SUPPOSED to be that school holidays should be split equally (assuming that was in the orders, but I believe it is in most cases).

As for when school will be back in spirit if not in actual attendance, I guess we have no idea at this stage.

 

[sammy01]

News and media centre | Federal Circuit and Family Court of Australia

www.familycourt.gov.au

Interesting listening Corona or not there is good advice about dealing with family law and kids.

 

[Atticus]

Although it might make sense for simplicity to assume the school holidays are the gazetted dates, that would give (in most cases) the non-resident parent 1 week, and the resident parent 3+ months if things drag on that long.

To clarify... The gazetted dates (as in the gazetted dates as at they were BEFORE the CV-19 changes).... So in practice, that would mean that regardless of whether schools are open or not, the parents adhere to the gazetted dates (as set at the beginning of the year) if no alternative agreement can be made...ie, half of (originally gazetted) school holidays if that is what's ordered.... That would absolutely be in keeping with the purpose & spirit of the orders, & in keeping with Chief Justice Alstergren's view that things should remain as 'normal' as possible for the KIDS throughout this crisis...

 

[sammy01]

I reckon the holidays are less of an issue here.
What is gonna happen to the 2-3-4-5-6-7 a fortnight arrangements especially if / when we go to more strict travel restrictions AFTER the school holidays?

Schools will be open btw and teachers are being expected to provide learning resources. Christ knows how the music or woodwork teachers are gonna manage. Physical education teachers are chain smoking with the stress of not being able to tell the kids to just run another lap of the oval.

I think I have the answer - Those parents who would take any advantage to screw over the other parent will take advantage. They will ride their moral high horse all the way to the family court if the other parent tries to go for a contravention and they will claim they did it for the good of all. It was a pandemic. It would be reckless to have the kids moving from house to house.

Those who don't see it as an opportunity to screw over the other parent will find solutions.

I'm gonna offer my ex all of the September holiday and hopefull - HOPEFULLY - I will be going to Bali because I'm meant to be there now... But it isn't all about me sometimes...

 

[GlassHalfFull]

This forum is full of (largely) victims of those who will use any opportunity to screw the other parents. Good luck with the proposal Sammy.

 

[Atticus]

Actually if kids are going to spend weeks ++ with a parent with no going out, you may find all of a sudden they are quite cooperative in wanting to share the load... Time will tell I guess

 

[GlassHalfFull]

Actually if kids are going to spend weeks ++ with a parent with no going out, you may find all of a sudden they are quite cooperative in wanting to share the load... Time will tell I guess

That depends on the parent I think. My ex generally wants to be a martyr and give me nothing. Or if she does want to share the load with me, it will only ever be on her terms. For example, I recently offered to look after the children for some of the week instead of having them remain in daycare where the risk is inherently higher. Her response was that she would accept my offer if I gave up my weekend time so that effectively she could have both weekend days and I would have none (despite the fact that it would essentially mean that my partner and family would not be able to see the children except on weekends. She therefore clearly didn't see it as a matter of safety in light of COVID-19, she saw it as an opportunity to take quality time away from me and my family on the weekend for her own benefit. As soon as I said no to removal of weekend time, I got radio silence on the matter.

 

[sammy01]

Yeah - Glass - I reckon your still in the world of pain part of this fun game called family law. I remember the ex asking me to take the kids when she had better stuff to do. Only to have her tell me I owe her that time back AND when it suited her she'd deny access on the grounds the time had to be paid back... So for years I just insisted on the orders and if the kids missed out they missed out. But negotiating was too hard...

I really don't know what to do. The kids should go to their mum on the 9th April. I just wish the govt would explain what 'non essential travel' actually means. I live in a small town 3 hours from Sydney. I really really don't want to see a hugh influx of tourists over easter. We missed our best tourist season of the year because of fires. I think it best to sit this one out and offer make up time later.

 

[Tim W]

I really don't know what to do. The kids should go to their mum on the 9th April. I just wish the govt would explain what 'non essential travel' actually means. I live in a small town 3 hours from Sydney. I really really don't want to see a hugh influx of tourists over easter. We missed our best tourist season of the year because of fires. I think it best to sit this one out and offer make up time later.

I'm saying this based on the presumption that it is in interests of the child(ren)
to maintain their routine and arrangements as best as you can.
On that basis, I suggest making an offer in writing/ email*
to deliver them anyway, in accordance with the terms of whatever order/ arrangement you have in place.
That way, you have made a bona fide attempt to comply with the current order/ arrangements.
And it follows that any attempt to depart from "things" is on her, not you.
That could matter, later.

Bigger picture, I think we'll find (when eventually it's tested in court) that, absent formal prohibition with weight of law
(that is, something like a Public Health Order, being more than Scotty's mere "strong advice"),
that travel undertaken to comply with an existing Court Order** is indeed essential,***
and actions in, or related to, compliance will not found an offence.

-----------------------------------
* Not a phone call, and not a text message/ FB message etc.
** Or some other arrangement with weight of law
*** essential for the wellbeing of the child(ren) and, bigger picture,
essential to the admistration of justice generally.