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Enforcing a court order
#1
have a court order with my ex for contact over Christmas and booked a weekend away with them. She's now told me she's stopping contact over the holidays because she's making false allegations that I've been drinking before having the children. What are my chances of getting an emergency hearing in the next week?
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#2
I am afraid you wont get an emergency hearing . I wouldn't even attempt to try to put any application in unless contact is been stopped altogether for good. If you do decide to try and get some form of hearing contact could be completely stopped out of spite by ex, resulting in you not seeing them for months. I am not sure how spiteful your ex is , but its common for Christmas contact to be disrupted to be nasty. In most cases contact continues as normal straight after , for a select few it doesn't.

It all depends on what contact you got and when you think you will next see kids or wether its a one off by ex. every situation is different but most exs retalitate to court applications been put in.
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#3
If you’ve got a week-end away booked then yes you can apply for an urgent hearing. 48 hours (or even 24 hours). You’d need to apply for an urgent specific issues order for the holiday/break on a C100. On the application you can put any other details. Hopefully you will get the allegations dismissed at the same time and get the rest of Christmas holidays ordered too. You need to attach confirmation of your booking to the C100. Ring the local court on 27th and find out when they’re open. It might say on their website.

Maybe put something like

“My children were due to be spending x date to x date with me as per the Child arrangements order. I have a week-end away booked x date to x date. On x date I received an unusual text message from Mrs Ex (attached) the contents of which are fabricated, as reason to prevent the children coming to me over Christmas. I have been parenting my children in my home for x years/months and they have a happy and stable home environment with me.

I request the court make a specific issues order for the holiday x date to x date and would be grateful if either the remainder of the Christmas holiday dates could also be ordered, or alternatively an undertaking be made by Mrs Ex to comply with the holiday dates.”

As it’s an urgent application you can attach evidence. Attach the holiday booking details, plus copy of text/email with the allegation. If you have any other texts or emails that can show a build up to the allegation - eg a threat to stop them coming or an angry email from her recently, plus any text or email with normal arrangements in recently to show the kids normally come and she had no issues before.

You should get an urgent hearing at 24 or 48 hours notice. If you can manage 48 then put 48 because they will want to serve her papers. You won’t get an ex party hearing due to the allegation I think. What will probably happen is they will have a Cafcass officer at court on the day.

I have been in this exact situation except it wasn’t at Christmas. I was advised to attach a timeline to the application as well - so do that too. It shows the history of your parenting of the kids since separation which should undermine the allegation.

Assume you already have a CAO. If you don’t then on your C100 on the box on front page put “Specific issues order for holiday dates and Child Arrangements order”. Then in your application piece above add “I request this hearing is also the first hearing for the Child arrangements order”

When I did this I got it all sorted at one hearing and got the CAO as well but I had a solicitor and the two solicitors thrashed our agreement for the CAO.
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