I just want to preface this by knowing that any advice given here is general and an opinion only, but I didn't know where else to turn for a quick interpretation or understanding of this part of our consent order.
We have consent orders for DSS and our time with him starts from Friday after school to the following Thursday before school. Now the issue is that his birthday is coming up soon and it falls on a Friday. In the consent orders it states that:
"On the child’s birthday, the child spend time with the parent who the child is not already then spending time with as follows:-
If the child’s birthday falls on a school day, from the conclusion of school to 8.00 pm; or if the child’s birthday falls on a non-school day, from 12.00 pm to 6.00 pm."
The problem is that DSS's birthday falls on a Friday and that is changeover day so he wakes up with his Mum, but would normally be picked up by Dad after school. So it is a bit confusing with regards to the order, as I'm not sure which parent would be considered he be spending time with (or not) in these circumstances.
The order is meant to make sure that both parents spend time with DSS on his birthday, but because it falls on changeover day, both parents believe they are entitled to have him from after school to 8pm. Dad because DSS woke up with Mum and gets to open presents before school, and Mum because normally it would be Dad's time after school, so therefore it appears that he is the parent that DSS is spending time with (even though it doesn't start until after school on the Friday), so she gets the after school to 8pm as well.
I can see both interpretations - I don't think it is fair that Mum gets both before school, after school and dinner and DH only sees DSS just before bed - but legally can anyone give me clarity on what is actually correct in these circumstances? I'm sure it's never going to occur again (timing!) but both parents are digging their heels in and I'd rather have a little bit of an idea of what might be the correct interpretation before it goes any further.
Thank you in advance!