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How to deal with this request?
#1
My partners ex has text him and said their child won't be available for 4 contacts as she is going away. The court order states parents to make reasonable arrangements for holidays. My partner isn't in agreement with this holiday (the holiday is the 10 days directly prior to his first overnight contact meaning his daughter aged 17 months will have a massive change in routine, and then be left with dad overnight for the first time. He doesn't feel it is in her best interest for holidays for either parent at this point).

The order has these specific dates in that she is saying child not available for. It is still in the building up process. So he currently has her 3 days a week 10-6. It needs to build up to 3 nights to go with the 3 days.

What should he do? He isn't in disagreement with holidays, and envisages this should be from the October half term as his daughter should realistically be doing 3 full days and nights by then. He isn't in agreement with what she has basically dictated. It wasn't a request or a discussion, simply a X won't be available for contact on x x x and x dates as we are going away.
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#2
Daughter is only 17 months old so not much you can do really I am afraid. I think you are going to have to let it go but politely remind her that she should co - parent you and inform you sooner
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#3
If it’s in the order I don’t think there is anything you can do.
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#4
She can break the order?

The order specifies his contact dates 25/26/27 July and 1st August 10am-6pm. She is simply saying the child will be on holiday those dates instead. She can do that? Breaking the order?
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#5
Oh right sorry - I thought you said the holiday dates were in the order. In that case no she can’t.
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#6
What can he do to stop It? He has a c100 form, does he ask for a.new order? A variation? Prohibited steps? Specific issue? Holiday is less than 2 weeks.away.
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#7
No she shouldn't. Mine tried that last year. Yes she can go on holiday but not if it affects contact time. So she has a choice. She either goes away some other time, or she leaves daughter with her Father while she goes away. Of course if he writes to her and says this he'll get a mouthful of twaddle back. If he agrees she can do it. If he doesn't it's a breach. So his options are - agree on the basis that he has alternative dates instead and in addition to the ongoing regular dates - and proposes them. Or he says he will agree on this occasion but not in future (again for alternative dates). Or he says he doesn't agree and considers it a breach.

If he has to enforce at some point - courts like to see people being reasonable and trying to sort things out. He shouldn't have to agree as he may have had plans himself on those dates. If he doesn't have plans I'd suggest he agrees on the basis that he has x y z dates before and after her holiday instead. If she says no to that then no agreement and he says in that case it would be a breach.

Suggest a brief (polite)email (polite because you may need to use it as evience): Dear Ex Name, Unfortunately those dates are specified in the court order for daughter to spend with me and to cancel them without agreement would be a breach. As I don't have anything planned for those dates, I am happy to agree to a change of dates on this occasion on the basis that daughter spends x and y days with me before your holiday and z days with me on your return, then return to usual schedule. However I would not wish to change daughter's schedule again this year. Alternatively you could leave daughter with me while you're away." So it's saying - will do it as a one off for additional dates either side of your holiday or have daughter but that' the deal.

It shows you being reasonable if and when you have to apply to court again or for enforcement. When something is ordered there is a normal degree of flexibility expected but only if it is agreed in writing by both of them.

As she hasn't already offered alternative dates she will probably say no, but it's worth a try. If she doesn't agree to additional dates instead and goes on holiday anyway - then enforce the order as a breach (you can show you tried flexibility).
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