Hello
I know this was posted over four years ago but it is the only bit of information I have been able to find stating what I need to know and I was hoping for some clarification on whether there is anything official stating:
"Your holidays, do not need to be arranged in your time with your children and it is reasonable to request holiday time in addition to your usual time."
I have requested that I take my child away for four days (in the UK) during weekdays in two weeks time. My ex has refused stating that one of the days is their night to have her. I have offered both surrounding weekends and/or time the week before and after but they are point blank refusing to allow me. I know this is out of spite as they have pretty much said so in texts to me. There is no formal agreement in place regarding custody, but in more civil times we arranged a one day on/one day off arrangement. I personally think this is too much upheaval for my daughter, as she is under two years old, and also sticking to this without any reasonable adjustments would mean that I could never take her away for more than one night!
I know legally I can probably just take her, but I am hoping to go to court and don't want to do anything that would put me in a bad light.
If anyone can point me towards something that I could send to them to try to help them see they should be reasonable, and let me take her away on this short notice break, I would really appreciate it.
I wouldn't take the risk of taking her - if she normally lives with your ex, then by taking your daughter, you could well find the police at you door and an abduction charge, and that certainly won't help you if you do end up in court. The first place to start is mediation, which you'll need to try before court anyway. www.nfm.org.uk
I think you would be better off going for a child arrangment order for weekend and a day in the week football Is for fathers and sons
As for holidays to it through the courts in good time then she will be ordered to hand over the passports ,specific order issue
Hi there
It's not clear from your post whether the child is usually resident with you or the other parent. If she lives with you and there's no court order in place, you can take her away...you've offered alternatives and tried to sort this out so I can't see it putting you in a bad light to be honest.
If you are the non resident parent, then as actd has said, it wouldn't be advisable to get off with her. With the trip being so soon, mediation wouldn't be an option, but you could apply for an urgent specific issue order to get the courts agreement so that you can take her away. You could also ask the court to leave the case open so that you can add another application for a Child Arrangements Order on your return, to try and sort out a proper schedule of contact by court order.
All the best
I'm going to move this into its own thread, to never a good idea to tag posts onto old threads, as they often get overlooked.
