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Ex moving goal posts to suit
#1
Hi 

My Ex and I went to mediation about 4 months ago and within that meeting we agreed that I was to be in control of Thursday & Fridays and alternate Wednesdays for whenever my 2 kids were to be on holiday. 
A week ago I dropped my ex a reminder text that I will be having my boy this coming Friday as it's half term. She replied with saying 'no' reason being I didn't update a calendar a month in advance. This calendar is hers btw to which was not agreed upon in mediation.
As I have my kids every Thursday & Thursday night and have done since we split over a year ago I said to her that when I drop my daughter to nursery on the Friday I will not be dropping off my boy as I'm sticking to what was agreed within mediation, I was very much looking forward to having a dad & son day which is very rare.
She then replied by saying that she's fed up with it all and that she will not drop the kids to me on Thursday morning, she will give them to her parents to look after and then also on Friday she says she has the day off so will ensure I do not go to nursery and remove my boy. (which I wouldn't do anyway)
I am now extremely gutted that she is to stop me seeing them this coming Thursday when we always hangout on a Thursday.
Do I have any options with this? Can I phone the police on Thursday and go to collect them from her parents if I have all the correct documents or will this have an adverse effect on me for courts later?
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#2
(05-30-2018, 05:22 AM)cheesy time Wrote: Hi 

My Ex and I went to mediation about 4 months ago and within that meeting we agreed that I was to be in control of Thursday & Fridays and alternate Wednesdays for whenever my 2 kids were to be on holiday. 
A week ago I dropped my ex a reminder text that I will be having my boy this coming Friday as it's half term. She replied with saying 'no' reason being I didn't update a calendar a month in advance. This calendar is hers btw to which was not agreed upon in mediation.
As I have my kids every Thursday & Thursday night and have done since we split over a year ago I said to her that when I drop my daughter to nursery on the Friday I will not be dropping off my boy as I'm sticking to what was agreed within mediation, I was very much looking forward to having a dad & son day which is very rare.
She then replied by saying that she's fed up with it all and that she will not drop the kids to me on Thursday morning, she will give them to her parents to look after and then also on Friday she says she has the day off so will ensure I do not go to nursery and remove my boy. (which I wouldn't do anyway)
I am now extremely gutted that she is to stop me seeing them this coming Thursday when we always hangout on a Thursday.
Do I have any options with this? Can I phone the police on Thursday and go to collect them from her parents if I have all the correct documents or will this have an adverse effect on me for courts later?

A Mediation Agreement carries no weight in law. You need to go to Court.

File a C100, what costs £215, reduced or free if your on a low income (ask court staff to check if you can get help with it).

State in your application that an agreement via Medication exists, and she is not following it.

The fact that you have every Thursday means in law she has accepted you having a share of the care time.
My suggestion is to get a defined contact Order to cover that, and the Quality Time.

You would get every other weekend and half school holidays if  you asked a Court, but if you work, a 4 week holiday plan might be better.

Half Term, Normal Weekend (if you want half, with 2.5 days tagged onto it, so contact starts or ends on the Wednesday lunchtime.

Easter and Christmas, either a block of 8 days, or 2 x 4 days. Note that significant days are shared, or it will be turns each. Who the child lives with does not affect this.

Summer, both parents to have a 2 week window, agreed 3 months in advance, to enable you to book a holiday. (Ask the court for right to remove the child form UK for this to save having to come back at a later date), and either another weekend, or another week, depending on your avalialbity.

(05-30-2018, 07:10 AM)MarkR Wrote:
(05-30-2018, 05:22 AM)cheesy time Wrote: Hi 

My Ex and I went to mediation about 4 months ago and within that meeting we agreed that I was to be in control of Thursday & Fridays and alternate Wednesdays for whenever my 2 kids were to be on holiday. 
A week ago I dropped my ex a reminder text that I will be having my boy this coming Friday as it's half term. She replied with saying 'no' reason being I didn't update a calendar a month in advance. This calendar is hers btw to which was not agreed upon in mediation.
As I have my kids every Thursday & Thursday night and have done since we split over a year ago I said to her that when I drop my daughter to nursery on the Friday I will not be dropping off my boy as I'm sticking to what was agreed within mediation, I was very much looking forward to having a dad & son day which is very rare.
She then replied by saying that she's fed up with it all and that she will not drop the kids to me on Thursday morning, she will give them to her parents to look after and then also on Friday she says she has the day off so will ensure I do not go to nursery and remove my boy. (which I wouldn't do anyway)
I am now extremely gutted that she is to stop me seeing them this coming Thursday when we always hangout on a Thursday.
Do I have any options with this? Can I phone the police on Thursday and go to collect them from her parents if I have all the correct documents or will this have an adverse effect on me for courts later?

A Mediation Agreement carries no weight in law. You need to go to Court.

File a C100, what costs £215, reduced or free if your on a low income (ask court staff to check if you can get help with it).

State in your application that an agreement via Medication exists, and she is not following it.

The fact that you have every Thursday means in law she has accepted you having a share of the care time.
My suggestion is to get a defined contact Order to cover that, and the Quality Time.

You would get every other weekend and half school holidays if  you asked a Court, but if you work, a 4 week holiday plan might be better.

Half Term, Normal Weekend (if you want half, with 2.5 days tagged onto it, so contact starts or ends on the Wednesday lunchtime.

Easter and Christmas, either a block of 8 days, or 2 x 4 days. Note that significant days are shared, or it will be turns each. Who the child lives with does not affect this.

Summer, both parents to have a 2 week window, agreed 3 months in advance, to enable you to book a holiday. (Ask the court for right to remove the child form UK for this to save having to come back at a later date), and either another weekend, or another week, depending on your avalialbity.
Also note that until a Child Arrangements Order Exists, while I would not advise it, she can not stop you collecting the child, if you have PR.
Until a Court Order is made, your both on the same legal standing.
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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