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Hi all, my first post.
I got a child arrangement order last October 2017, it included 3 weeks of the summer school holiday and all other school holidays to be shared equally.
My ex has been very obstructive and awkward about informing my about her holidays from work so I know which weeks I can and can't have.
The first week in January she told me only 7 days before and I've just been told that she doesn't want the Feb half term, 3 weeks before.
I fear that this situation will occur every year by her not only withholding the information from me as long as possible but also she will cherry pick the ones she wants and expect me to take whats left.
As the order was only a few months ago can I go back to court for a Specific Order or to vary/amend the original order to state exactly who gets what holidays and when, maybe alternating them year by year?
Would I have to go through the expense of mediation again even though I know she won't go,, like my last 2 attempts ?
Thanks in advance,
Andy
I'm not sure whether a court would be too happy about you going back so quickly. My view is that since you can't get information from her, then you should notify her in writing which dates you want during the holidays for the coming year, and that if you don't hear from her to the contrary within a reasonable timescale (say 4 weeks), then you intend to book the holidays. That way you have evidence if she is obstructive about these, and will pave the way to go back to court in the future, but you may have to give it a few months first just to see how this approach goes.
Hi, she told me yesterday her 2 weeks holiday for the main summer holiday and asked for mine.
I gave her the 3 weeks I wanted, as per the order, which didn't impact hers.
She has now just emailed saying she is not happy about me having 3 weeks in the summer holidays, even though it clearly states it on the order and won't agree them!
What's my options now please?
Cheers.
Oh and she still won't let me know about Easter, May or the October holidays!
The only way is to take her back to court as she will not listen to me at all but which way do I go?
You could write to her reminding her of the court order, and that if she doesn't comply, then you will have to go back to court - that way you would have proof that she intends to breach the order if she doesn't agree to the 3 weeks. I think it's clear from her attitude already that you are going to end up in court again at some point, so it's a matter of making sure you have given her every opportunity to be reasonable and she isn't being so.
Hi, thanks for your reply and yes you have summed her up exactly!
So would it be a Specific order, vary /amend the original order or an Enforcement order and would i need to go through mediation again as I know she won't attend?
I ultimately want the court to dictate which holidays wel will have moving forward so this won't happen year on year.
Cheers.
I don't think it's either as such (though I could be wrong) as you would be waiting for her to breach the order and then go for enforcement, at which time you ask the court to specify holidays. I think you would also need to attempt mediation first due to the time since the last order, but if she doesn't attend, then you can get the form signed straight away and go to court.
There is the possibility that she might actually attend though - at the moment she thinks she can get away with her actions, but if she realises you are serious about going back to court, she might just re-think.
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