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My contact not being compromised for holiday
#1
I have a situation where I am set to go skiing with friends 11th March for 1 week. This would usually be my contact weekend so I suggested for picking up daughter on way back from airport on ex's weekend (18th). She replies on text saying it's not possible as it's her aunts 90th birthday weekend so out of the question. I have worked out I won't be seeing daughter all of March only Saturday 25th as 26th is mothers day. So I have asked if I have ex's weekend of 4th March to compromise otherwise 1 day in March is not nice.

Ex is typically making it difficult and won't decide and suggests meet up midweek which you can guarantee she will cancel.

What annoys me is she will typically go ahead and book summer holidays with her family taking daughter without getting my agreement effecting my contact weekends (per court order of 3yrs ago) and usually it ends up I have a huge 3 week gap and less contact than court order states.

All I am asking is a compromise for me having 4th/5th March weekend (her weekend) and will still only get 3 days contact in March! Grrrr!
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#2
if you have PR then her taking your daughter out of the county would be illegal unless she gets your concent
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#3
(02-19-2017, 08:26 PM)Chris2017 Wrote: I have a situation where I am set to go skiing with friends 11th March for 1 week. This would usually be my contact weekend so I suggested for picking up daughter on way back from airport on ex's weekend (18th). She replies on text saying it's not possible as it's her aunts 90th birthday weekend so out of the question. I have worked out I won't be seeing daughter all of March only Saturday 25th as 26th is mothers day. So I have asked if I have ex's weekend of 4th March to compromise otherwise 1 day in March is not nice.

Ex is typically making it difficult and won't decide and suggests meet up midweek which you can guarantee she will cancel.

What annoys me is she will typically go ahead and book summer holidays with her family taking daughter without getting my agreement effecting my contact weekends (per court order of 3yrs ago) and usually it ends up I have a huge 3 week gap and less contact than court order states.

All I am asking is a compromise for me having 4th/5th March weekend (her weekend) and will still only get 3 days contact in March! Grrrr!

File a C79 Application for Enforcement, and also apply to Vary the current order, so arrangements have to be made for school holidays 2 months in advance.
As part of that, also ask the court for you to have a 2 week window (what will be considered as reasnable as you could both do it).

You could also ask for it to state

1 week school holidays, normal weekend, but contact to start or end on the Wednesday

2 week holidays, over the normal weekend, so it would be either Friday -Saturday (8 days) or Saturday till Sunday (8 days)

Bank holiday weekends, if you have them the Sunday before, it gets extended by a day.

(02-20-2017, 12:22 AM)cornishguy91 Wrote: if you have PR then her taking your daughter out of the county would be illegal unless she gets your concent



This is not correct.

Our UK law on this does not apply in the case of none UK Nationals, and where Duel Nationality comes into it, it might not also, if the child is being taken to the other country.

For UK Nationals, once a Child Arrangements Order (or Consent Order covering Child Arrangements) exists, making someone the Resident Parent, they gain the right to take the child outside the UK for up to 28 days at a time for a holiday, but it does not give them the right not to follow normal contact arrangements, unless that is by agreement.

The Court Order must say xxxxx  lives with xxxx for them to get this right.

The none resident parent needs consent, or it to say on the court order. Where no Child Welfare/Protection issues exist, and there is no history of not returning the child, it will normally be allowed.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
No there is confusion. I do have PR and I'm not taking my daughter skiing with me it's purely me going with friends so ex is making the most of it making it as difficult as possible for me to have a compromised weekend in March. She even commented "lucky you can afford it"! Such an evil bitch no concerns for my contact and pure jealousy I'm going skiing with friends. If she refuses then I have many other similar issues so mediation might be only option?
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#5
(02-20-2017, 09:14 AM)Chris2017 Wrote: No there is confusion. I do have PR and I'm not taking my daughter skiing with me it's purely me going with friends so ex is making the most of it making it as difficult as possible for me to have a compromised weekend in March. She even commented "lucky you can afford it"! Such an evil bitch no concerns for my contact and pure jealousy I'm going skiing with friends. If she refuses then I have many other similar issues so mediation might be only option?

Contact comes down to your avlaiblity, and the way a court would view it, if she went back, is you gave her notice, so no problem with it.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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