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When do the school holidays officially start re access? Ex being a nightmare

11 replies

Londonmum38 · 06/04/2018 16:06

Someone please help. My hideous ex and I have a Court Order stating we split the Easter holidays. My son broke up at Midday on his last day of term, so I consider that because he was at school that day the holidays actually start the following day. I consider my holiday access started the day after he broke up. We are in dispute because he disagrees and wants to retain my son for an extra night at the end of the holidays now, saying it's an unfair split. This would mean he brings my son to school on the first day of term on a two hour journey as he lives in a different city. Thoughts anyone? I am really upset

OP posts:
redcaryellowcar · 06/04/2018 18:45

I think they are published as Monday to Friday dates, you could check school or if local authority controlled controlled, their website which would probably mean your weekend arrangements remain the same but the holiday week (Monday to Friday eg May half term) would be as per your 'holiday' arrangements. I imagine longer holidays would be published to include weekends? (In the middle- eg easter?)

redcaryellowcar · 06/04/2018 18:50

This is West Sussex as an example...

When do the school holidays officially start re access? Ex being a nightmare
PatriciaHolm · 06/04/2018 18:50

If it's not specified down to this detail in the court order, then this is something the courts will expect you to negotiate between you. I can see it being argued both ways - I would certainly deem that night the first one of the holidays personally, but I can see it being argued both ways. If it's not in the order, then it's down to individual interpretation.

Is it really worth getting into a huge argument about? I know it feels like letting him "win" but really, is it worth the argument?

HandInHandIsTheOnlyWayToLand · 06/04/2018 19:01

Hi - school holidays officially begin on the first working day that the child is not in school but normally would be. This means that if the children break up on a Thursday, then the holiday begins on the Friday. However, if the children break up on a Friday, then the weekend immediately after is considered a term time weekend and the holiday begins on the Monday. The holiday is then considered to run until the children return to school (including INSET days and weekends). This includes when the school finishes early, as the school are always required to register the children so that they are 'present' for the afternoon session (essentially, the school just cut the day short but they have to be open for 190 days per year so it counts as a full day). In short - a two week holiday which includes three weekends (two each end and one in the middle) where the children break up on a Friday, would mean the first weekend is term time and the holiday then runs from the Monday, with the following two weekends considered 'holiday' weekends. Academies can set their own holiday dates so it's always worth checking with the school, but most follow the LA set dates which are usually published online a year or so in advance. Hope that makes sense!

PotteringAlong · 06/04/2018 19:03

You get the weekend off school in term time, so the first day of the holidays is the first working day you’re not in school.

wobytide · 07/04/2018 09:06

It's a night

What does the child want to do and do they care about the journey to school for one day? You both sound completely hard work frankly

RedHelenB · 07/04/2018 11:36

I would act really hapoyou ya you expect has to get him to school! You may find he wants to bring him back a night earlier!

Hont1986 · 08/04/2018 09:54

I think most pupils would consider themselves to be 'on holiday' after they break up on the last day.

MrsBertBibby · 08/04/2018 10:45

There's no correct legal answer to this. I'm afraid the court's expectation is that grown ups should not be so ridiculous about such unimportant things.

Do either of you genuinely believe that your children will give a damn, even now, let alone in the future when they reminisce about their childhoods, that they spent 8 or 24 "extra" hours with one or the other parent out of a holiday that lasted over 2 weeks?

In future, you really need to get his time agreed before they break up, if you want to avoid him doing this term start. Although seriously, if he's got uniform etc, will it be such a disaster for him to do the school run?

jaimelannistersgoldenhand · 08/04/2018 10:58

If this is about the 2 hour trip in the morning on the first day of term, then I'd say that Dad should have Friday (the day that term ends) onwards and you should have the latter half. Does the 2 hours take into account rush hour? If Dad works on Mondays (so has 1-2 hour trip to work after dropping off ds) then won't he prefer the first half of the holidays?

Personally I think holidays start on the Friday unless ds is old enough not to need childcare and waits at home from noon until you get back from work.

GrooovyLass · 08/04/2018 11:16

If he's that much of an arse then I'd be inclined to let the DC go to him the day before you'd originally planned so they sleep at yours the night before school.

Be the bigger person but also make a big fuss about how you're sacrificing a day of your contact because it's the best thing for DC

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