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Half term - court interpretation
#1
Hello

I'd be really grateful for any advice people could give, hopefully this is a simple question to answer.  I have a CAO agreed last year that splits half terms between me and my ex - we alternate the half terms and weekends.  It's now my ex's turn for half term and she's saying that the court order says I can't have access for the half term - which she's counting from when the school breaks up to when it goes back - in other words not just the 5-days but also both weekends either side.

What this means on my half term my child gets 7 days continuous with me - the school half term week plus one of the weekends

On her half term, she gets 25 days continuous - as she's gets;
the last school week
the weekend she breaks from half term
the 5 days of half term
the next weekend and
the following school week when she's back

Surely this can't be right but how does the court interpret "half term" is it the 5-days or the everything in between?

Thanks so much for any help!
Reply
#2
(04-15-2017, 04:37 PM)QMS Wrote: Hello

I'd be really grateful for any advice people could give, hopefully this is a simple question to answer.  I have a CAO agreed last year that splits half terms between me and my ex - we alternate the half terms and weekends.  It's now my ex's turn for half term and she's saying that the court order says I can't have access for the half term - which she's counting from when the school breaks up to when it goes back - in other words not just the 5-days but also both weekends either side.

What this means on my half term my child gets 7 days continuous with me - the school half term week plus one of the weekends

On her half term, she gets 25 days continuous - as she's gets;
the last school week
the weekend she breaks from half term
the 5 days of half term
the next weekend and
the following school week when she's back

Surely this can't be right but how does the court interpret "half term" is it the 5-days or the everything in between?

Thanks so much for any help!

Where a CAO says half school holidays, that is half of the time from when school breaks up, till they go back.

A normal timetable , where contact is on a 2 week rota in term time, is

1 week holidays, contact to be over the normal weekend, but start or end on the Wednesday.

2 week holidays, an 8 day block, to include the normal weekend.

Summer, both parents to have a 2 week block, to make holiday arrangements in. Then you should get either 2 x 4 day blocks, or 1 x 8 day block. This might not follow normal weekends, but there should not be a period exceeding 2 weeks where no contact takes place.

Inform you ex that if you do  not get half of the time from breaking up, till they go back, you will file a C79, Application for Enforcement, where she can get a fine, or be made to do unpaid work.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
(04-15-2017, 04:50 PM)MarkR Wrote:
(04-15-2017, 04:37 PM)QMS Wrote: Hello

I'd be really grateful for any advice people could give, hopefully this is a simple question to answer.  I have a CAO agreed last year that splits half terms between me and my ex - we alternate the half terms and weekends.  It's now my ex's turn for half term and she's saying that the court order says I can't have access for the half term - which she's counting from when the school breaks up to when it goes back - in other words not just the 5-days but also both weekends either side.

What this means on my half term my child gets 7 days continuous with me - the school half term week plus one of the weekends

On her half term, she gets 25 days continuous - as she's gets;
the last school week
the weekend she breaks from half term
the 5 days of half term
the next weekend and
the following school week when she's back

Surely this can't be right but how does the court interpret "half term" is it the 5-days or the everything in between?

Thanks so much for any help!

Where a CAO says half school holidays, that is half of the time from when school breaks up, till they go back.

A normal timetable , where contact is on a 2 week rota in term time, is

1 week holidays, contact to be over the normal weekend, but start or end on the Wednesday.

2 week holidays, an 8 day block, to include the normal weekend.

Summer, both parents to have a 2 week block, to make holiday arrangements in. Then you should get either 2 x 4 day blocks, or 1 x 8 day block. This might not follow normal weekends, but there should not be a period exceeding 2 weeks where no contact takes place.

Inform you ex that if you do  not get half of the time from breaking up, till they go back, you will file a C79, Application for Enforcement, where she can get a fine, or be made to do unpaid work.

Thanks MarkR

This is helpful.  We're meant to rotate half terms so what's in contention is the holiday's that are only a week long - I'm saying she should get 7-days (as I get), but she's saying she wants both weekends either side as well, which would result in no access for around 3-weeks as the kids will be with the mother the week before and after half term.  This doesn't seem right to me but maybe it's a poorly drafted order?


Thanks!
Reply
#4
(04-16-2017, 05:37 AM)QMS Wrote:
(04-15-2017, 04:50 PM)MarkR Wrote:
(04-15-2017, 04:37 PM)QMS Wrote: Hello

I'd be really grateful for any advice people could give, hopefully this is a simple question to answer.  I have a CAO agreed last year that splits half terms between me and my ex - we alternate the half terms and weekends.  It's now my ex's turn for half term and she's saying that the court order says I can't have access for the half term - which she's counting from when the school breaks up to when it goes back - in other words not just the 5-days but also both weekends either side.

What this means on my half term my child gets 7 days continuous with me - the school half term week plus one of the weekends

On her half term, she gets 25 days continuous - as she's gets;
the last school week
the weekend she breaks from half term
the 5 days of half term
the next weekend and
the following school week when she's back

Surely this can't be right but how does the court interpret "half term" is it the 5-days or the everything in between?

Thanks so much for any help!

Where a CAO says half school holidays, that is half of the time from when school breaks up, till they go back.

A normal timetable , where contact is on a 2 week rota in term time, is

1 week holidays, contact to be over the normal weekend, but start or end on the Wednesday.

2 week holidays, an 8 day block, to include the normal weekend.

Summer, both parents to have a 2 week block, to make holiday arrangements in. Then you should get either 2 x 4 day blocks, or 1 x 8 day block. This might not follow normal weekends, but there should not be a period exceeding 2 weeks where no contact takes place.

Inform you ex that if you do  not get half of the time from breaking up, till they go back, you will file a C79, Application for Enforcement, where she can get a fine, or be made to do unpaid work.

Thanks MarkR

This is helpful.  We're meant to rotate half terms so what's in contention is the holiday's that are only a week long - I'm saying she should get 7-days (as I get), but she's saying she wants both weekends either side as well, which would result in no access for around 3-weeks as the kids will be with the mother the week before and after half term.  This doesn't seem right to me but maybe it's a poorly drafted order?


Thanks!

Has a school holiday took place where you did not get what was ordered? (or are we talking about the current school holiday and if so when are the children due back in school)?
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#5
(04-16-2017, 06:33 AM)MarkR Wrote:
(04-16-2017, 05:37 AM)QMS Wrote:
(04-15-2017, 04:50 PM)MarkR Wrote:
(04-15-2017, 04:37 PM)QMS Wrote: Hello

I'd be really grateful for any advice people could give, hopefully this is a simple question to answer.  I have a CAO agreed last year that splits half terms between me and my ex - we alternate the half terms and weekends.  It's now my ex's turn for half term and she's saying that the court order says I can't have access for the half term - which she's counting from when the school breaks up to when it goes back - in other words not just the 5-days but also both weekends either side.

What this means on my half term my child gets 7 days continuous with me - the school half term week plus one of the weekends

On her half term, she gets 25 days continuous - as she's gets;
the last school week
the weekend she breaks from half term
the 5 days of half term
the next weekend and
the following school week when she's back

Surely this can't be right but how does the court interpret "half term" is it the 5-days or the everything in between?

Thanks so much for any help!

Where a CAO says half school holidays, that is half of the time from when school breaks up, till they go back.

A normal timetable , where contact is on a 2 week rota in term time, is

1 week holidays, contact to be over the normal weekend, but start or end on the Wednesday.

2 week holidays, an 8 day block, to include the normal weekend.

Summer, both parents to have a 2 week block, to make holiday arrangements in. Then you should get either 2 x 4 day blocks, or 1 x 8 day block. This might not follow normal weekends, but there should not be a period exceeding 2 weeks where no contact takes place.

Inform you ex that if you do  not get half of the time from breaking up, till they go back, you will file a C79, Application for Enforcement, where she can get a fine, or be made to do unpaid work.

Thanks MarkR

This is helpful.  We're meant to rotate half terms so what's in contention is the holiday's that are only a week long - I'm saying she should get 7-days (as I get), but she's saying she wants both weekends either side as well, which would result in no access for around 3-weeks as the kids will be with the mother the week before and after half term.  This doesn't seem right to me but maybe it's a poorly drafted order?


Thanks!

Has a school holiday took place where you did not get what was ordered? (or are we talking about the current school holiday and if so when are the children due back in school)?

Hi Mark - Thanks for your replies; we managed to sort this in the end (a week each at half term)

Thanks!
Reply


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