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If she still hasn't agreed to the time needed to make the holiday a week or two before, then you could go to court and get an urgent hearing for a Specific Issue Order or Enforcement Order. SIO you use a C100 and EO you use a C79. You just fill out the form, go to your court and wait to see a judge.
Thankyou, after speaking to the social worker whom she rang he said she was claiming I am in breach of the order which is laughable. The only thing that deviated was one Sunday when I was due a 12 until 5 afternoon contact. An issue had arisen where I could not pick up and return my daughter at the specified times. I informed her of this one week prior by text and offered one of the filling resolutions 1: not to have my daughter that day 2: one of her older siblings(Who are all adults) to collect and return her at the specified time,3: to collect my daughter earlier and drop her later than 5. After waiting a week she finally replied saying to pick her up early and return her late. I picked my daughter up at 11 wasn't asked what time she would be back so didn't say it would be around 7 as I only communicate with her via text, about 650 she rang ranting I did stay calm and simply said I was returning my daughter shortly as I felt it prudent for her th have tea as opposed to returning her hungry. I may be wrong but I don't see this as a breach as it was agreed am I right or should I have stuck to the exact times regardless of clearing it? She says she is taking ME back to court which just seems ridiculous!!!! All this happened after the dis agreement over holiday time, having checked the order it simply says from the 12th for one week with no time so does that leave it open? Thanks in advance any advice would be greatly appreciated Steve
hi,
this does seem pretty petty. your holiday is abroad? if its not, you could let it slide this time and pick your child a little later. its up to you. the thought of paying for a holiday, then paying another £215 to go back to court, is just nuts.
as she said she wants you to pick up child later. you could say ok, but you will be returning her at a later time to compensate for that 🙂
Hello could you please advise me asap. The holiday I mentioned is due to start the 12th August after trying to make more false allegations she now says she hasn't decided wether she is allowing my daughter to go. This indicates she is going to defy the court order what can I do if anything? Time is obviously short so I need to act now what do I do where do I go etc? Thanks in advance Steve
Until she breaks the order you cannot do anything but hope she doesn't, the courts won't do anything without you providing evidence of her breaking the order.
Her saying she hasn't decided whether she is allowing your daughter to go is not a breach of the order because she hasn't broken the order.
It could be worth while sending a polite message to let her know that you need to know if your daughter coming on holiday with you, if she refuses to confirm remind her of the contact order allows your daughter to spend this holiday with you. if she still refuses to confirm then unfortunately you're in no mans land until she actually breaks the order.
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