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Holiday sharing - To go back to court or not?
#1
Hi all,

After a lot of struggle and jumping through all the hoops, I finally managed to walk away with pretty much what I wanted for contacts and holiday sharing through a final order recently.

The first holiday sharing is over Xmas and New Years', but my ex has thrown in another blocker. As the court order says the holidays to be shared equally, she has come up with a proposal to return the kids every 2 days (sometimes a day) to prevent me taking them away. My proposal was she has the kids for the first X days and remaining Y days with me. It's a deadlock now and the time is running out for me to book something to take the kids away for a short trip.

As the court order was made very recently, what are my options? Should I go back to court? If I have to, should I apply for variation or enforcement?

Thank you. A worried dad.
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#2
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#3
It sounds like the holidays need defining. I've had a similar issue with "half the school holidays" She books 8 days over Christmas! Makes bookings so I just get odd split up days in holidays etc.

The main issue with every 2 days is it' a lot of toing and fro-ing for the kids. Depending on how old they are maybe. You won't have time to do anything about it legally before Christmas this year, so just do the best you can. You could maybe put in writing what you want and why, to her, by email, so that will be some evidence if you need to go back to court (along with her response). So maybe keep it polite, brief and formal - something like

"Dear Ex,

Regarding the sharing of the school Christmas holidays. I have received the dates you suggest, but have a few concerns about the children having to go backwards and forwards every day or two without much time to relax in each home (and in on. Also from x date to x date (3 days) I had arranged to take them away to visit their Grandparents and it is not possible to do this journey in two days. I therefore propose a compromise solution as follows:

That we keep to your suggestion of the every 2 days except for x date to x date with you (4 days) and x date to x date with me (4 days). I hope we can agree this between us."

Don't say "rather than have to go back to court" at this stage or she might make a worse schedule out of spite. She is unikely to agree after your email as she clearly wishes to not allow them to "settle in" and enjoy too much time with you and seems to prefer blocking you taking them away - so she has no incentive to agree to your plans. But her reply may be useful if and when you go back to court.

I would just make the best of it this year - I think the usual is a week each except for maybe 1 day over Christmas or Boxing day.
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