Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Can you breach a court order by going on holiday?
#1
What happens if you have a court order saying you have your children staying with you every other weekend and the non-resident parent goes on holiday for a fortnight, thereby missing a weekend?
Reply
#2
Assuming you are the resident parent? My understanding is, if they NRP has told you they are not around to have their contact, then the responsibility lies back with the resident parent. The Court Order only states when the resident parent must make the children available for contact with the NRP.
Reply
#3
You mean the NRP took the kids with them so you miss your time with kid?

Check wording of court order... normally holidays are covered by statements such as ???? you can have 2 weeks each by agreement (varies a lot) ???? ... so normally you have a bit of flexibility ... if you go on holiday for 2 weeks with the kids and then other parent goes on holiday for 2 weeks with the kids ... it evens out

BUT ... that's the theory ... when parents just ups and leaves with no communication, it creates tension... you can go back to court and get a more specific order but best to try and work it out with the ex
Reply
#4
(07-03-2017, 03:42 PM)Superhans Wrote: What happens if you have a court order saying you have your children staying with you every other weekend and the non-resident parent goes on holiday for a fortnight, thereby missing a weekend?

The normal is you have a term time timetable, and seperate arrangements for school holidays.

Without any details what will identify you or anyone else in your case, can you outline what your order says.

It might be I have to advise you to go for a variation of your order, as you should get every other weekend, and if you want, up to half school holidays.
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.
Reply
#5
I apologise guys, my initial question was not worded as well as it might have been.

I am in fact the NRP and I am soon to go to court asking for an order for every other weekend. My question is that if I decided to go on holiday (for argument's sake let's say that the only time I can get off/get away covers one of the weekends I am supposed to have my children,) would I be in breach of the court order as not fulfilling my part of the contact arrangement that weekend?

From what Mikeymike above says, probably not?
Reply
#6
(07-05-2017, 12:37 PM)Superhans Wrote: I apologise guys, my initial question was not worded as well as it might have been.

I am in fact the NRP and I am soon to go to court asking for an order for every other weekend. My question is that if I decided to go on holiday (for argument's sake let's say that the only time I can get off/get away covers one of the weekends I am supposed to have my children,) would I be in breach of the court order as not fulfilling my part of the contact arrangement that weekend?

From what Mikeymike above says, probably not?

You can ask for a clause in your Order, to say if your not able to take up a normal contact, you will give her notice, but then the Judge might decide your not that bothered about seeing the children.

My suggestion is unless its not workable, you ask for along the lines of

Friday (from school or her house) until Sunday PM (agree a time) every 2 weeks.

1 week school holidays, normal weekend.

Easter and Christmas, either 1x8 day block, or 2 x 4 day blocks, covering the normal weekend. However, you want to either share significant days, or turns each. In my own case, I had from lunchtime Christmas day, going back to her Lunchtime New Years day. Easter Sunday I had them for a few hours, if not my weekend. If mine, they went home lunchtime instead of late afternoon.

Summer Holidays, you want a 2 week block. She needs to suggest dates 3 months in advance, so you can speck to work, and then confirm 2 months before hand.
You should also get anther weekend, but you have to bear in mind she also needs a 2 week window to plan things, so it might not follow normal timetable.

That plan would mean you needed to book 4 weeks off work a year.
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.
Reply
#7
Thanks Mark.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Holiday Request for Cafcass/Court Radar 1 1,295 02-19-2018, 04:50 PM
Last Post: herewegoagain
  Possible breach of order? Advice needed Chipp1a 1 1,116 02-09-2018, 12:30 AM
Last Post: warwickshire1
  Advice on possible court order breach. andynumpty 8 4,067 01-18-2018, 09:15 PM
Last Post: andynumpty
  Breach of Court Order Cheese_head_1986 4 2,575 11-29-2017, 01:43 PM
Last Post: venares
  pr holiday consent with child arrangements order bimma 4 5,307 08-01-2017, 11:22 AM
Last Post: bimma
  Child Arrangements Order Breach 12345@12345 8 6,401 06-14-2017, 04:38 PM
Last Post: MarkR
  BREACH OF COURT/CONTACT ORDER terrier 5 4,669 12-01-2016, 05:24 AM
Last Post: MarkR



Users browsing this thread: 1 Guest(s)