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Court Order Issue
#1
Hi 
Im after some advice on what way to go forward.

I have a contact order set up by the courts which was in 2014 which stipulates when I have my daughter, and about holidays etc..
The order has been stuck to by both, but has had its issues for example if I'm unable to have my daughter for some reason or if my daughter don't want to come or if she has something on etc... One big issue over the years my daughter gets around 6 parties all on my weekends over the years. (coincidence??) I'm not mean and would not want her to miss out but when its always on my weekend it gets annoying.   My Ex dont even try to make reasonable effort in order to get our daughter to come to mine on the weekends which she is suppose to. when I ask her why? there is no response or if there is it's because she don't want to. I know she don't even ask her sometimes as my daughter has said. I don't trust her to even have asked our daughter.
Since the order my ex has changed the weekends I have my daughter to suit her and her partner for when they have his children. I'm not an unreasonable guy and agreed to this as it would affect when I drop my daughter home as it would mean my time with my daughter ends before lunch on a sunday, so I agreed in order to make the most out of the time I have with her.
When it comes to the Holidays I have only had her once for a full week as her mother decides what weeks I can have her as she makes plans and only tells me at the last minute what weeks i can have her, which may not be convenient for me to have her as I need to book in advance with holidays etc.. Christmas, Boxing Day etc.. has always been fine and we alternate the days so i cant complain about that.

What I would like to know is if there is a way I may be able to get a change to the court order  to make it more specific when it comes to what weekends are mine regardless of if my Daughter has a party etc..  
To have set holidays that way I can book and have the same each year.
And a few other niggly bits sorted out like collecting and dropping off as i travel nearly 250 miles every weekend. can she be made to meet me have way on collection/drop off?


How would I also go about making sure My Ex's partner don't get involved in the contact/arrangement? I Had no issues with him but now he is getting involved, I have said to him the contact is between me, my daughter and my ex and to please stay out of it. but his response want ' IT's NOT NOW'. He has no right getting involved!

Any help would be very appreciated? as I have spent 5/6k in the past on court/solicitors and dont have the money to do that again but if I have to go back to court I will find the money to do so.
Reply
#2
(07-11-2017, 08:08 AM)packdh123 Wrote: Hi 
Im after some advice on what way to go forward.

I have a contact order set up by the courts which was in 2014 which stipulates when I have my daughter, and about holidays etc..
The order has been stuck to by both, but has had its issues for example if I'm unable to have my daughter for some reason or if my daughter don't want to come or if she has something on etc... One big issue over the years my daughter gets around 6 parties all on my weekends over the years. (coincidence??) I'm not mean and would not want her to miss out but when its always on my weekend it gets annoying.   My Ex dont even try to make reasonable effort in order to get our daughter to come to mine on the weekends which she is suppose to. when I ask her why? there is no response or if there is it's because she don't want to. I know she don't even ask her sometimes as my daughter has said. I don't trust her to even have asked our daughter.
Since the order my ex has changed the weekends I have my daughter to suit her and her partner for when they have his children. I'm not an unreasonable guy and agreed to this as it would affect when I drop my daughter home as it would mean my time with my daughter ends before lunch on a sunday, so I agreed in order to make the most out of the time I have with her.
When it comes to the Holidays I have only had her once for a full week as her mother decides what weeks I can have her as she makes plans and only tells me at the last minute what weeks i can have her, which may not be convenient for me to have her as I need to book in advance with holidays etc.. Christmas, Boxing Day etc.. has always been fine and we alternate the days so i cant complain about that.

What I would like to know is if there is a way I may be able to get a change to the court order  to make it more specific when it comes to what weekends are mine regardless of if my Daughter has a party etc..  
To have set holidays that way I can book and have the same each year.
And a few other niggly bits sorted out like collecting and dropping off as i travel nearly 250 miles every weekend. can she be made to meet me have way on collection/drop off?


How would I also go about making sure My Ex's partner don't get involved in the contact/arrangement? I Had no issues with him but now he is getting involved, I have said to him the contact is between me, my daughter and my ex and to please stay out of it. but his response want ' IT's NOT NOW'. He has no right getting involved!

Any help would be very appreciated? as I have spent 5/6k in the past on court/solicitors and dont have the money to do that again but if I have to go back to court I will find the money to do so.

This is a straight forward case you can do without a Solicitor. Your only Cost will be the Court Fee of £215, reduced if your on a low income, free on some means tested benefits. Its a C100 form, Application to Vary an Existing Child Arrangements Order.

By not enforcing the order at the time, you have in law accepted the changes, so your way forward is to renew your order, to make it enforcable.

Where a Child Arrangements Order sets out what time the child is with you, its your decision on if she attends anything, and that is the case you can make for now wanting Defined contact, due to your ex obstructing the past order.

Due to your distance, you want contact from school Friday, or anytime that suits you where the child will arrive at your house by a suitable bedtime for his/her age, or from a time that suits you on a Saturday, going back Sunday late afternooon, every 2 weeks.

Ask for it to be Ordered that if the child is invited to any event on your weekend, your ex needs to contact you (even if by email), and that its your decision if she goes, and if she does, your ex needs to offer a replacement weekend. Also ask for it to be Ordered in that situation, that you are never expected to go more than 3 weeks  without contact, and that you would like to speck to the child by phone on any canceled weekeend.

There is 2 plans I use for school holidays, either 4 weeks a year, or if you want half (6.5 weeks).

1 week holidays, normal weekend, or contact to start or end on the Wednesday, over the normal weekend.

Easter and Christmas (2 weeks off school), either 1 x 8 day block, or 2 x 4 day blocks, over or close to normal weekends. Either share or alternate significant days. (In my case, I used to have lunchtime Christmas day till Lunchtime New Years day).

Summer, you want a 2 week block, to facilite booking of holidays/trips out. Ex to suggest dates 3 months in advance, so you can get best prices.
On a 4 week plan, you also want another weekend, but it might not follow normal ones, as your ex also might want a 2 week window for her own holiday, but you should not go over 3 weeks without contact.
On the half plan, you should then have 1x8 day block, or 2 x 4 day blocks agreed once holiday dates are sorted by both parents.

While you can not make her do any transport, you can in a CMS case for Child Support, ask for your "Excessive Travel for Contact" to be considered.
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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#3
Hi
can anyone help with what form i may need in order to get help with court cost fees please

(07-11-2017, 09:07 AM)MarkR Wrote:
(07-11-2017, 08:08 AM)packdh123 Wrote: Hi 
Im after some advice on what way to go forward.

I have a contact order set up by the courts which was in 2014 which stipulates when I have my daughter, and about holidays etc..
The order has been stuck to by both, but has had its issues for example if I'm unable to have my daughter for some reason or if my daughter don't want to come or if she has something on etc... One big issue over the years my daughter gets around 6 parties all on my weekends over the years. (coincidence??) I'm not mean and would not want her to miss out but when its always on my weekend it gets annoying.   My Ex dont even try to make reasonable effort in order to get our daughter to come to mine on the weekends which she is suppose to. when I ask her why? there is no response or if there is it's because she don't want to. I know she don't even ask her sometimes as my daughter has said. I don't trust her to even have asked our daughter.
Since the order my ex has changed the weekends I have my daughter to suit her and her partner for when they have his children. I'm not an unreasonable guy and agreed to this as it would affect when I drop my daughter home as it would mean my time with my daughter ends before lunch on a sunday, so I agreed in order to make the most out of the time I have with her.
When it comes to the Holidays I have only had her once for a full week as her mother decides what weeks I can have her as she makes plans and only tells me at the last minute what weeks i can have her, which may not be convenient for me to have her as I need to book in advance with holidays etc.. Christmas, Boxing Day etc.. has always been fine and we alternate the days so i cant complain about that.

What I would like to know is if there is a way I may be able to get a change to the court order  to make it more specific when it comes to what weekends are mine regardless of if my Daughter has a party etc..  
To have set holidays that way I can book and have the same each year.
And a few other niggly bits sorted out like collecting and dropping off as i travel nearly 250 miles every weekend. can she be made to meet me have way on collection/drop off?


How would I also go about making sure My Ex's partner don't get involved in the contact/arrangement? I Had no issues with him but now he is getting involved, I have said to him the contact is between me, my daughter and my ex and to please stay out of it. but his response want ' IT's NOT NOW'. He has no right getting involved!

Any help would be very appreciated? as I have spent 5/6k in the past on court/solicitors and dont have the money to do that again but if I have to go back to court I will find the money to do so.

This is a straight forward case you can do without a Solicitor. Your only Cost will be the Court Fee of £215, reduced if your on a low income, free on some means tested benefits. Its a C100 form, Application to Vary an Existing Child Arrangements Order.

By not enforcing the order at the time, you have in law accepted the changes, so your way forward is to renew your order, to make it enforcable.

Where a Child Arrangements Order sets out what time the child is with you, its your decision on if she attends anything, and that is the case you can make for now wanting Defined contact, due to your ex obstructing the past order.

Due to your distance, you want contact from school Friday, or anytime that suits you where the child will arrive at your house by a suitable bedtime for his/her age, or from a time that suits you on a Saturday, going back Sunday late afternooon, every 2 weeks.

Ask for it to be Ordered that if the child is invited to any event on your weekend, your ex needs to contact you (even if by email), and that its your decision if she goes, and if she does, your ex needs to offer a replacement weekend. Also ask for it to be Ordered in that situation, that you are never expected to go more than 3 weeks  without contact, and that you would like to speck to the child by phone on any canceled weekeend.

There is 2 plans I use for school holidays, either 4 weeks a year, or if you want half (6.5 weeks).

1 week holidays, normal weekend, or contact to start or end on the Wednesday, over the normal weekend.

Easter and Christmas (2 weeks off school), either 1 x 8 day block, or 2 x 4 day blocks, over or close to normal weekends. Either share or alternate significant days. (In my case, I used to have lunchtime Christmas day till Lunchtime New Years day).

Summer, you want a 2 week block, to facilite booking of holidays/trips out. Ex to suggest dates 3 months in advance, so you can get best prices.
On a 4 week plan, you also want another weekend, but it might not follow normal ones, as your ex also might want a 2 week window for her own holiday, but you should not go over 3 weeks without contact.
On the half plan, you should then have 1x8 day block, or 2 x 4 day blocks agreed once holiday dates are sorted by both parents.

While you can not make her do any transport, you can in a CMS case for Child Support, ask for your "Excessive Travel for Contact" to be considered.

Hi
I just wanted to know once I have made to application to the court will we have to attend another hearing? 
We have been to court previously and had everything put into place will this be the same as the previous time?

Many Thanks
Reply


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