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Breach of consent order
#1
Hi all,

I have a consent order for 3 nights a week and 50/50 during school hols. Over the xmas hols due to a long story I was given one night short. I have since emailed ex that I will be taking that one night during half term Feb. She initially agreed but has since backed tracked saying I have had them during the day when it was her time with children (she is referring to times she needed me for childcare). I have politely said to her that as it stands she is in breach of the consent order and if she doesn't agree then I will take it further.

I want to know what to do? This is her only breach and the fact that she does not pick them up from my place when I have the children as stated in the consent order. I have all evidence in email.

All advice welcome.
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#2
(01-24-2019, 03:54 PM)sandman Wrote: Hi all,

I have a consent order for 3 nights a week and 50/50 during school hols. Over the xmas hols due to a long story I was given one night short. I have since emailed ex that I will be taking that one night during half term Feb. She initially agreed but has since backed tracked saying I have had them during the day when it was her time with children (she is referring to times she needed me for childcare). I have politely said to her that as it stands she is in breach of the consent order and if she doesn't agree then I will take it further.

I want to know what to do? This is her only breach and the fact that she does not pick them up from my place when I have the children as stated in the consent order. I have all evidence in email.

All advice welcome.

2 Ways forwards

a, C79 to enforce the Order. This must be done before 3 issues, or the court will view it that her changes was accepted at the time.
b, C100, to vary the Order, if you want to change it.
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
When you say change it can I ask for more contact? I don't understand what I can change?

Thanks.
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#4
I would leave it. It isnt worth going back to court for. Mark r was advising what to do generally if there is a breach or u require more time. You already have 12 nights which is very good and i wouldnt pursuit trying to get another day
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#5
I agree with Warwickshire. Let that one go. But make sure it doesn't happen again. Any arrangements in the order can be changed if agreed by both of you in writing. So for example if she said would you like an extra day instead of an extra night and you agreed, in writing (ie by email) then it's not a breach. But if she's going to chip away knocking a night of every holiday then you might want to do something then. Try and deal with it in writing first. My ex messes about counting days instead of nights too. So chops an extra night off. And I had the same thing at Christmas but it was an oversight in the order as all the nights were specified except one so she took it!

Does your order have defined dates and times for holidays or just "half the holidays". Maybe the way forward is to write to her politely and just say that for all future holidays, the number of nights needs to be equal for half the holidays, with the first night of the holidays being the day school breaks up and changeover for 1 week half terms being mid-day on the Wednesday, to give five nights each and four and a half days each.
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#6
a quote by Sun Tzu from the book i have just read...... "sometimes we have to lose the small battles in order to win the war"
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#7
(01-24-2019, 06:44 PM)sandman Wrote: When you say change it can I ask for more contact? I don't understand what I can change?

Thanks.

To a defined Order, due to her not following the first one. That can set out dates etc.
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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#8
Yes - if she does it twice then it might be an idea to enforce and apply for a defined order.
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