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Family courts wont really get involved with your exs childish behaviors.
However you can in position statement ask for things you mentioned or raise them in a certain way.
You could ask courts to order passports be handed over a month before you go abroad. And perhaps if you have booked a holiday and children meant to be in your care she would be required to pay costs. Things like that they should consider . Rather than evidence her past long list of behaviors .you can just say theres animosity and you would like it included in court order as for example if she dont hand over passports a month before travel you can apply for an emergency hearing etc . Its trying to make court order water tight to prevent her been obstructive.
Also very important is how birthdays and christmas are to be shared . How old are children?
Hi,
Its not handing over the passports... I have the passports, as my ex would never go abroard.. She hates to fly.
The issue was that i could not apply for a passport without my ex's passport number, and a signed letter stating she approved of the renewal... Because i didnt have a court signed custody order in place. This was just pure malice on her part.
I have covered birthdays and Christmas's in detail in my proposal of what days we see our children. My ex's statement doesnt mention these dates. Her statement is very open ended, but i think this is intentional, such as "allow me to see the children twice a week during school holidays on days to be decided at the beginning of the holiday".. Again, giving her control as to when i can see our children on half terms.. In my statement i have been specific on 365 days of the year, keeping school time and half term schdules identical, as i dont feel changing routine every half term is in the best interests of our children. Children are 5, 7 and 9.
thanks
Its highly likely you will end up with half of the holidays. Its sometimes best to draw up a plan A and a Plan B with all the dates defined. Sometimes u get judges/magistrates who will write an order that can be messed about with and wont sort holidays out properly or u may get ones that do it all for you. Generally summer holidays they normally order 7 day blocks for most of it . February and may are generally 5 day blocks. easter and october 1 week blocks , leaving odd few days to be shared. It does get complicated sharing holidays especially if ex is being awkward.
Hence i have made it very clear in the application
"I would like to propose the following 2-week rotation, which is consistent throughout the year, including
half term holidays. The only exception to these dates would be Special occasions like Birthdays,
Christmas or annual holidays".
This leaves no room of "misunderstandings" or "your cant see my children" ( she usually calls them "my" ) on them dates.
also be specific about number of nights the children should spend with you, e.g. 7 consecutive nights during summer holidays. 2/3 week block of 7 nights in summer etc
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