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SolicitorRM, Solicitor
Category: Family Law
Satisfied Customers: 3632
Experience:  Director and Principal Solicitor. UK
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When a Child Arrangements Order specifies that the

Customer Question

When a Child Arrangements Order specifies that the non-resident parent gets the children on alternate weekends plus during half-term holidays, is there a standard definition of "half-term holiday", where not explicitly defined in the CAO?
For example, is it reasonable for the NRP to insist that "half-term" means Sat 26 Oct to Sun 3 Nov inclusive, having first calculated "alternate weekends" as being 12/13 Oct, 26/27 Oct, 9/10 Nov 2019 (etc), meaning the NRP gets the children for 3 weekends in a row (26/27 Oct, 2/3 Nov, and 9/10 Nov)?
Submitted: 6 months ago.
Category: Family Law
Expert:  SolicitorRM replied 6 months ago.

Hi thank you for your enquiry and your patience. There is no standard definition however that is something your child's school can confirm without any difficulty. state schools, independent fee paying schools, grammar and academy schools do not all have holidays at the same time and as such it is always best not to assume what 'half-term' means, the child's school needs to provide you with a calendar each school year. I hope this answers your question and I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 6 months ago.
Thanks, ***** ***** isn't what I was driving at. When the CAO rules that the Non-Res Parent gets the children for "alternate weekends plus half term", is it reasonable for the NRP to have the children for the 9 day period Sat 26/10 to Sun 3/11 inclusive (claiming half-term includes both weekends), and then to have them again on Sat 9/11-Sun 10/11 for a third weekend in a row, arguing that this was one of their 'regular' alternate weekends?
Customer: replied 6 months ago.
If it isn't something you can advise on, that's ok - but if you are able to indicate what the CAO is likely to mean, I'd like the answer in writing to give my friend. Thanks.
Customer: replied 6 months ago.
In other words, when a CAO specifies "alternate weekends plus half-term holidays", does "half-term" just mean the weekdays Mon-Fri, or does it infer extra weekends in between the "alternate weekends"? Or could it mean either and therefore the issuing Court needs to be asked to clarify what was intended?
Expert:  SolicitorRM replied 6 months ago.
Hi I am sorry I have not been online hence the delay. Half-term is the weekdays so the weekends should be dealt with as alternate weekends. If the order is by consent the parents should really have made it clear what they intended as it may not be convenient to arrange a holiday where the weekends are the other parent’s turn. If the court order is not clear yes you can seek clarification from the court.