Longstanding court order, not 100% specific but run ok so far, last few years recurring annual event allows me extra 2 days with kids. Run fine in the past now ex decides that as it isn''t specifically stated by times in the order, the kids must go back inbetween for approx 8 waking hours but include overnight, now this puts pressure on us attending the annual even as we need to travel and our three day pass would be reduced to one and kids lose out bigtime. I have tried and tried and tried to compromise, moving days, losing a day the following week etc, but no this is how she wants it. How do I stand if I just took them anyway. Order doesn''t say I can''t have them but doesn''t say I can either.
Personally, I would just do it. I quote Justice Bracewell "The law makes no difference between father and mother. Resident parent and non-resident parent."
If RPs can get a slap on the back of the wrist, then NRPs can also. Worth the risk
If the order is not specific enough, thats what you can argue Simple Ask yourself how she would look like to a judge? Putting herself before the kids? tut tut tut.
Surely trying to reach a resolve would be better, submitting a C79 application for clarification of the order would be a much more mature approach. I do realise some RP can make thigns extremely difficult, but this could be a recurring thing seeing as the event is a recurring event. I would suggest solving the problem correctly for the future as well.