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Summer Hols 2020
#1
Hi,
A bit of advice as usual if anybody can.

My old order stated to equally share summer school hols. As with most ex's this was impossible to get her to agree. I went back earlier this year to get that order varied and we have specific weeks now.
I have week 1, 4 & 5, she has weeks 2, 3 and 6.
Now, in 2020 my sons school breaks up on a Friday, usually on a Tuesday, and has 7 weeks instead of 6.

I'm going to email her with a list of all the holidays that my son is with me, as per the order, but to purpose that the 7th week is shared 50/50.

I'm quite confident that she will refuse and not agree to my offer.

So, if she does and I want court to sort that out would it be a Specific Issue application or a variation order even though we've just been through one.
Thanks.
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#2
I have had that problem too because there was no start date to the holiday weeks for the summer. It should have been in but got left out. I was advised that the first Monday after term ends is good for a start date, with the weeks running 9am mon to 9am Monday. That means the last week- end of term is part of the usual schedule so whoever would normally have them that week-end has them as usual and the school holiday weeks start on the Monday.

There are usually over 6 weeks and the start date means week 6 falls in the last week. If they’re nearly 7 weeks this year then I would suggest a start date for the weeks. Then there are just a few dats at the end to worry about.

If it’s your week-end at end of term you could suggest she has the last few days. If it’s her week-end at the start of the holiday you could suggest you have a couple of extra days at the end and the last day with her before school goes back. That keeps the weeks right.
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#3
The best advice I can give is at the moment is to do nothing. your order says summer holidays should be shared equally. I would raise the issue during week 4 about week 7 how this would be equally shared . you have week 4 and week 5 anyway and at moment you got to make sure this goes ahead. once you text during week 4 its likely she will agree to something as you got them for a long time anyway . if she don't you could explore your options what to do then nearer the time.

end of the day you can remind her during week 4 that holidays are to be shared equally , she will have plenty of time to reply and may shock you and be reasonable and offer you extra 3 days( cant imagine her offering u 4 )
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#4
Hi,

Thanks for the replies. My new varied order does not state to share the holiday equally but states which weeks we both have, it is usually 6 weeks but for some reason its 7 in 2020.

I know she will not stop the weeks stated in the order but its the extra week I would like to get sorted.

If she won't agree to a fair split for our son to share time with both parents I'm quite happy to take her back to court as I will show I've been reasonable and flexible to share the holiday and I'll let her pick which days out of that week she wants, but would it be a Specific Issue application or Variation?

Thanks
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#5
the courts would expect you to attend mediation to resolve this small issue
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#6
Agree - not worth going back to court over - they’d expect you to sort it out.
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#7
Hi, she has refused mediation on all 4 previous attempts over the last couple of years and would do again.

It's not just for this year but to have a system in place for any future years as well.

Is it a Specific issue order or a variation though?
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#8
It's a specific issue order. It helps if you go to court with a draft order and ask the judge to seal it as an order by consent.

You may also want to specify the exact time of each handover throughout the holidays to avoid any issues and include 2021?
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#9
Well what a suprise, she has agreed to my proposal about the extra week in the summer holidays, she proved me wrong!

But at the same time she is not accepting to alternate the half terms as agreed in consent order.

So, I've confirmed my half week in summer holiday and informed her that the Feb half term is down to be mine, a holiday has already been prebooked and if that doesn't happen I will have no option but to go back to court for a breech and a financial claim for cost of holiday.
When will they just be reasonable and follow court orders that have been agreed to prevent these issues arising again and again?
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#10
It's all about mothers wanting to be in control, mine is exactly the same. If I won't or can't agree to certain weeks I get told I'm being "difficult" and I "always want my own way" nothing to do with the fact my employer won't grant me every leave request I want or anything!
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