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Ex refusing to handover this weekend
#1
Hi All, 

I now have a slight problem in that following an argument, my ex is now refusing to handover my son this weekend as per agreement.

Our arrangement is as follows: 

Week A: Mon-Weds (with me)
Week B: Mon Weds / Fri-Sun (with me) 

Holidays to be evenly split. 

Long story short - I have recently enrolled him into a nursery (Tues & Weds) which I pay for. Ex wanted to collect him on Weds from nursery at 5:30pm - I agreed (Court Order states to collect at 6pm and handover is usually at my house). An argument ensued and now I have said for her to collect him from my house instead now. 

Because I have said this she is now refusing to let me have this weekend with my son as per the court order. Her reasoning for this is because in her eyes we agreed that at the end of the holiday period it would be Week A when it should have been Week B.

My point is that when a holiday period ends; you revert back to the Court Order, which starts with Week A. So in following the same, this weekend is my weekend to have him.

In any event, I will still attend pick up and make aware that I have arrived but if she does not let him come I will not force the issue. I am minded to contact the police about this also; is this a good idea? Or should I just go for the enforcement?

Thanks all
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#2
Police wont do nothing. Enforcing wouldnt be a good idea at this stage. I think maybe you should try and contact her 2moro asking about this weekend and hope she has calmed down and maybe she can go to nursery at 530 etc. Compromise so u ensure u dont miss out on time with your son
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#3
Still not backing down. I have sent a notice email about refusing to commit to handover being a breach but will still attend the meet point for handover in the hope that she'll comply.
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#4
In the courts eyes the every other week-end would continue as if the holidays hadn't occurred. So she may be correct. Unless the court order says otherwise. The reason for this is so both parents can make plans for their week-ends, all year round and well in advance.

So regardless of when the holidays ended and term began, your next week-end would be as if there had been no holidays (ie count every other week-end since your last one before the holidays).
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#5
Hi Charlie,

So the court order makes specific reference to the Week A/Week B schedule being suspended during holiday periods and once term re-commences, you go back to the Week A/Week B schedule - that's why I thought it would start back at Week A when the holiday period finished
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#6
Ok. Sounds a bit unusual but if it states it clearly then your ex can’t argue and would be in breach. You’d need to show you tried to resolve it if you were going to enforce though. Has it happened now? Ie did the kids come?

Showing you‘be tried to resolve it by emailing (if you haven’t already). Something like

Dear Ex

The children are due to be with me at x time on x day under the terms of the Child Arrangements order dated x date.

Please refer to clause y, which clearly stipulates that after the holidays the schedule begins with week A again. I hope that clarifies the matter.

Please can you confirm the children will be available to collect at x time on x day.

Regards, you
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