VIC School holidays/when to resume term time parenting arrangements

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Common sense

Member
14 December 2022
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We have relatively new FINAL parenting orders from the Court- time spent in school holidays varies from usual time spent during the kinder/school year (i.e., usual time spent is suspended). One of the orders states that "THE FORTNIGHTLY CYCLE DETAILED IN PARAGRAPH X RECOMMENCE AS IF UNINTERRUPTED UPON THE COMMENCEMENT OF THE NEW KINDERGARTEN/SCHOOL TERM AND UPON COMMENCEMENT OF THE NEW KINDERGARTEN/SCHOOL YEAR". My lawyer has advised that this means that if you were in the midst of WEEK ONE of the fortnightly cycle at the end of school term/start of the school holidays then at the conclusion of the holidays/start of the new kinder/school year, you start from WEEK TWO (and vice versa).
Essentially this implies that if you have a child in a private school (for example), the usual fortnightly term cycle would be reversed following a 3 week term break (or following any school holidays that have an odd number of weeks).
The issue is that I usually work every second weekend when our child is with the other parent. It seems nonsensical that I'd have to reverse the weekend worked (due to reversal of the fortnightly cycle following any school holidays that contain an odd number of weeks). Also, how do people ever re-partner if the explanation that my lawyer gave is followed? (e.g., if a new partner is on the same fortnightly cycle with their children?)
Am I the only one who thinks this is ludicrous? I really need help here as the other parent will likely want to follow the Week One followed by Week Two principle that my lawyer explained above (i.e., once he knows that it's going to make life more difficult for me).
 

sammy01

Well-Known Member
27 September 2015
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Ok, so the real problem you have is that you don't like the orders. You're not gonna like my advice. But it was your responsibility to check the implications prior to signing.
The best you can do is ask the ex to be nice, or ask your boss to change thing for you... Public school holidays tend to be two week blocks or 6 weeks...

So the real issue is you're gonna have to ask the ex for a favour. Well you might want to think about what you can offer the ex to sweeten the deal...
 

Common sense

Member
14 December 2022
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0
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Thanks for advice. It's not that simple. Orders weren't all done by consent. Many were made by the judge & I had much bigger issues to deal with at the time. I have also received advice from two other lawyers who state that the easiest way to work out when normal arrangements recommence is to get a calendar & mark out how the usual arrangements would apply through the holiday period & then see at what point the arrangements are in place at the time the term recommences. To me, this makes sense. Otherwise arrangements would chop and change after any odd number of weeks of school holidays. It would be helpful to hear from people who have a similar order & how they implement this in practical terms. Yes, I am bracing myself for the stress of "negotiating" with someone who is motivated by making life as difficult as possible.
 

sammy01

Well-Known Member
27 September 2015
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Sorry - missed the bit about court orders not consent orders.
The advice remains. Your options are limited. Negotiate with your boss or negotiate with the ex...
 

Complex3

Well-Known Member
14 August 2021
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Offer your ex an extra weekend to bring it back to what fits in with your work schedule. My court orders are silent on week 1/week 2 so it was left to us to negotiate which week is which.

My plan if OP was difficult was to give them the last weekend of holidays in order to keep the schedule the same, I said to my OP I’d rather be flexible in holiday time than term time and they were ok with this and offered no resistance. If you give him extra time he may just be agreeable. :)