VIC What is the Family Law on School Holiday Care?

[Akgp11]

Hi,

I am just wanting to know others' opinions on what the right procedure/ family law is with the school holidays?

I am a single parent and my child's father has him twice fortnightly but we don't have anything in writing as far as the school holidays goes. I have asked him to do one week. me on the other week.

In all the other terms and half of the Christmas holidays or if he doesn't want to do half, I have asked him to pay half of school holiday care. He isn't open to either and has said he has already planned his annual leave off around his second unborn child. However, he expects me to just deal with it and figure it out myself.

What is the right procedure? He works full time, I am only casual but have three jobs to keep my head above water. I'm not entitled to sick leave pay, etc. I am worried what I am going to do come Christmas holidays, and it shouldn't be just my responsibility surely.

I cannot afford to take 8 (?) weeks off work. Can someone please help?

Thanks.

 

[sammy01]

Nope, you've got nothing. Child support agency won't collect it - he has no obligation to pay it.

 

[AllForHer]

Unfortunately, there's not much you can do here. Even if you had orders for half school holidays, the Court can't force him to take the child during that time, it can only place an obligation on you to make the child available for it.

As the above said, CSA won't collect on this matter, either.

I'm sorry I can't be more help, it is certainly a frustrating situation to find yourself in.

 

[Lance]

If you are not happy with the amount of care and support you child's father is providing you can always seek family dispute resolution to come to a fair and equitable arrangement. This would also be part of the pre-action procedures needed between parties prior to commencing court proceedings if you decided that was needed.