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Ambigious court order regarding Christmas arrangements: answer needed before 5pm

2 replies

ThisMustBeMyDream · 27/12/2018 14:44

How would you interpret the following order?

Christmas 2019 and every year thereafter
Boxing day from 10am until 27th December 2018 at 6pm

That's exactly how the order is written, complete with paragraph and punctuation (or lack of!).

Court has been contacted this morning for clairification, but advised they can not - it has to be emailed to the legal adviser but can take a week or longer for a response.

Mum and dad are both interpreting the order differently.

Dad sees 2019, which means this is next years order. This would not be presumptious, given that the parents had already discussed contact for this christmas prior to the court date on 5th December. It was discussed back in september and was a verbal agreement. This is why dad believes the court order is for Christmas 2019, and believes the second 2018 is an error (as it is superflous to requirements given it already states the year 2019 above).

Normal contact for this current week is thurs 27th 10am- fri 28th 6pm. The court order does not state normal contact is suspended during christmas (there are no provisions for holidays).

The agreement between parents prior to court was that dad would have weds 26th , thurs 27th and fri 28th as these were his usual contact days. However, court reduced contact to thurs and fri, removing the weds. Nothing further was discussed for this Christmas until dad messaged mum on Christmas day night to confrim the meeting place for boxing day morning.

This then lead to a disagreement on when contact ended. Mum thinks its thurs 27th 6pm. Dad thinks fri 28th 6pm as the court order states from 2019, and that the thursday night and friday are his normal contact days, and that it does not state usual contact to be suspended.

Me, I think the order is absolutely ambigious, and that someone has made an error.

The question is, what should happen now?

Any opinions?

FYI: contact is 3 days 2 nights on the opposite week, so 26th/27th/28th is not longer in length than that, child will be happy with arrangements so no one can say what is in the child's best interest.

OP posts:
MissMalice · 27/12/2018 16:11

Ideally the verbal agreement would have been included in the order. Without it, it’s pretty much meaningless.

If contact is not suspended during holidays then either way the children go back on the Friday don’t they? The Christmas provision lasts until 6pm on 27th but they remain in Dads care on the normal contact provision until Friday Eve.

That fits with both what was agreed and what is in the order (whether it’s 2018 or 2019).

MidniteScribbler · 28/12/2018 04:58

I think that normal contact should continue to apply and they go back on Friday at 6pm. I also think that mum should pick her battles, and let it go for the sake of 24 hours.

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