(10-08-2016, 10:15 AM)peace and love Wrote: I thought i'd gone to court and got definite access times.....but it appears on the order my ex whom is identified as the person the child lives with....is using the clause However, this does not prevent the removal of the child, for a period of less than 1 month, by a person named in the Child Arrrangements Order as a person with whom the child shall live (sections 13(1), (2) and (4) Childrens Act 1989).
consequently she is using this to say in the holidays she dictates when i have the child......making it difficult to plan work.....can i go back to court to change this?
It is normal for an order to say the child lives with xxx and spends time with xxxx as follows
Often you have a term timetable, and then "and half school holidays" or what ever was ordered.
Due to this order being made, she automatically gets the right to take a child out of the UK for a holiday, of up to 28 days BUT NOT DURING TIME THE CHILD SHOULD HAVE CONTACT, UNLESS AGREED IN ADVANCE.
Court Orders can only be shown to set types of people when Family Proceedings, and I am not a Solicitor so you can not show it me as it is.
If you want a detailed opinion on what you need to get looked at again, make a photo copy, then using a black marker pen, block out the name of the court, Judge and anywhere it names you, the ex and any children. Scan it and send to me via private message.
In general terms, you can make an application to vary the order anytime you have "significant" reason.
You can ask for school holiday dates to be confirmed 2-3 months in advance, so that you can plan holidays, trips etc.
If you think you might want to go on holiday outside the UK, so save a paying near the time a court fee again, ask the court in the same application to vary.
The normal is unless your ex can show that there is risk of no return, you will be allow to subject to
1, informing your ex of who is going away with the children
2, flight details
3, where staying
4, an emergency contact phone number.
If passports exist, you can ask for them to be handed over 21 days before (so you can check still valid and for damage), or if they are going to be used in that time, to be handed over as soon as practical on the child's return to the UK.
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.
