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Definition Of School Term Holidays

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My ex and I have binding interim parenting orders in place. The orders state that my son is to be with me a) every 2nd weekend and b) the 1st week of all school term holidays from the last day of school to the 2nd Monday of the holidays. For the holidays just completed my weekend fell on the last weekend of the school holidays and my ex has not handed over my son as she is saying the school holiday rule cancels out the 2nd weekend rule.

Could this be right? My view was always that my son was with me every 2nd weekend regardless of where the holidays fell. Is the weeknd counted as "school term holidays"??

Can someone please help?  
If the orders say "AND" then there is no cancelling out as AND specifically includes both criteria.

Last edit: by MikeT

Thanks. Bugger. It reads I am to spend time with my son:
a) Each alternate weekend blah blah
b) During the school term holidays  blah blah blah

Unfortunately no AND. I take it b) then overrides a) if the last weeknd is legally seen as part of school holidays
In my opinion (and probably legally but I can't be sure of that) the weekend is still part of the school holidays.

From my point of view as the lives with parent who has only 1/3 of the holidays I would not include the weekend of the holiday as one the children should go to the other parent as it would then cut down my school holiday with the kids.  If I wanted to take them away somewhere I would only get 5 days and have to be back for the Friday.  That would not give the children a full week of the holiday with me.  I would say it is fair and correct that school holidays cancels out weekends.

Lets say it is the 6 week xmas holiday, if you have 3 weeks each you wouldn't expect to then hand back or take the children in a weekend in the middle of the other parent's school holiday time would you?

Just a lesson in making sure the final orders are more specific if instances like this.

My 2c worth

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Larissap said
In my opinion (and probably legally but I can't be sure of that) the weekend is still part of the school holidays.

If you look at Family Law legislation or perhaps any legislation that has more than one section then you'll see that there is likely no "AND" linking the sections yet AND actually applies. Basically the default (i.e. unless otherwise indicated) for a list is in fact AND. However to argue this point could be counter productive if it's seen as nit picking/pedantic. The fault is as Larissap implies,with the orders which are ambiguous/unclear, which is unfortunately not that uncommon.
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