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specific step order for a holiday
#1
Hi guys

I have a residence order in place (residence to ex / contact to me) with the usual every second w/e + half holidays schedule.

My ex has refused me several times now to take the children on holiday abroad (to see their extended family, including a terminally ill relative) under the pretense that I do not have overnight contact and have missed many regular contact times (I probably missed 40% to 50%). The court has ordered overnight contact 2 nights a week but unfortunately due to a very busy schedule, moving places, business travel and a new relationship I was unable to have the children overnight this year so far (they are aged 4 and 3). I have an explanation provided in advance to the mother for every time bar one that I did not come to the contact.

I am going to apply for a specific steps order to take the children on holiday. Any ideas if her 'defense' will be listened to at the court? What can I do to counter?

Thank you so much... destroyed that it looks like I won't be able to have time with the little ones this summer.
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#2
(07-12-2017, 12:46 PM)biziet_12 Wrote: Hi guys

I have a residence order in place (residence to ex / contact to me) with the usual every second w/e + half holidays schedule.

My ex has refused me several times now to take the children on holiday abroad (to see their extended family, including a terminally ill relative) under the pretense that I do not have overnight contact and have missed many regular contact times (I probably missed 40% to 50%). The court has ordered overnight contact 2 nights a week but unfortunately due to a very busy schedule, moving places, business travel and a new relationship I was unable to have the children overnight this year so far (they are aged 4 and 3). I have an explanation provided in advance to the mother for every time bar one that I did not come to the contact.

I am going to apply for a specific steps order to take the children on holiday. Any ideas if her 'defense' will be listened to at the court? What can I do to counter?

Thank you so much... destroyed that it looks like I won't be able to have time with the little ones this summer.

What your best doing is application to vary the existing child arrangements order.

Set out what arrangements for school term and holiday contact you want, and ask the court for the right to remove the child for holidays.

Then if she does run with your not taking up your contact, your agreeing, but in law it comes down to what you ask for. What she wants will not come into it, as long as its only half the quality time your after.
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
(07-12-2017, 01:18 PM)MarkR Wrote:
(07-12-2017, 12:46 PM)biziet_12 Wrote: Hi guys

I have a residence order in place (residence to ex / contact to me) with the usual every second w/e + half holidays schedule.

My ex has refused me several times now to take the children on holiday abroad (to see their extended family, including a terminally ill relative) under the pretense that I do not have overnight contact and have missed many regular contact times (I probably missed 40% to 50%). The court has ordered overnight contact 2 nights a week but unfortunately due to a very busy schedule, moving places, business travel and a new relationship I was unable to have the children overnight this year so far (they are aged 4 and 3). I have an explanation provided in advance to the mother for every time bar one that I did not come to the contact.

I am going to apply for a specific steps order to take the children on holiday. Any ideas if her 'defense' will be listened to at the court? What can I do to counter?

Thank you so much... destroyed that it looks like I won't be able to have time with the little ones this summer.

What your best doing is application to vary the existing child arrangements order.

Set out what arrangements for school term and holiday contact you want, and ask the court for the right to remove the child for holidays.

Then if she does run with your not taking up your contact, your agreeing, but in law it comes down to what you ask for. What she wants will not come into it, as long as its only half the quality time your after.

Thanks Mark... What she is saying is that as I don't see the children very often then I don't know their bedtime routines and the children are not used to spending time with me and they are too young and will be stressed blah blah. Will the court see through this? Or will the fact that I missed some of the court appointed contact be taken against me?
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#4
(07-12-2017, 02:55 PM)biziet_12 Wrote:
(07-12-2017, 01:18 PM)MarkR Wrote:
(07-12-2017, 12:46 PM)biziet_12 Wrote: Hi guys

I have a residence order in place (residence to ex / contact to me) with the usual every second w/e + half holidays schedule.

My ex has refused me several times now to take the children on holiday abroad (to see their extended family, including a terminally ill relative) under the pretense that I do not have overnight contact and have missed many regular contact times (I probably missed 40% to 50%). The court has ordered overnight contact 2 nights a week but unfortunately due to a very busy schedule, moving places, business travel and a new relationship I was unable to have the children overnight this year so far (they are aged 4 and 3). I have an explanation provided in advance to the mother for every time bar one that I did not come to the contact.

I am going to apply for a specific steps order to take the children on holiday. Any ideas if her 'defense' will be listened to at the court? What can I do to counter?

Thank you so much... destroyed that it looks like I won't be able to have time with the little ones this summer.

What your best doing is application to vary the existing child arrangements order.

Set out what arrangements for school term and holiday contact you want, and ask the court for the right to remove the child for holidays.

Then if she does run with your not taking up your contact, your agreeing, but in law it comes down to what you ask for. What she wants will not come into it, as long as its only half the quality time your after.

Thanks Mark... What she is saying is that as I don't see the children very often then I don't know their bedtime routines and the children are not used to spending time with me and they are too young and will be stressed blah blah. Will the court see through this? Or will the fact that I missed some of the court appointed contact be taken against me?

In law thats not her decison to make. When they are with you at time set out by the Court, its your decisions.

The Court will only consider Experts Opinion on what she is saying, for example Cafcass or Social Services.

She does not seam to get that the children have rights, but its your avaliablity as the non resident parent, what sets out how often contact should be. You will get what you ask for, if its half the Quality Time, what would be along the lines of Friday till Sunday, every 2 weeks, and 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


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