Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hello.
I posted previously with various issues and was given some great advice which I really appreciate,
I am posting now as I need further advice, and to be honest I cannot afford a solicitor again, I am still paying back a loan I had to take in order to take my ex to Court last year,,
So I went to Court in July 2017, I was stated on the Court order I have 50% of holiday dates, including Easter holidays. On Court order it also stated that any agreement had to be made by email and any dates agreed saved on google calendar.
Last October I e-mailed my ex three times in order to arrange easter holidays, she did not reply for two weeks. I then went to pick up my children and asked her why she did not respond. BTW all interactions are recorded on my phone, I am forced to do this as she is a liar. She stated that her email was not working. she verbally agreed to me having my children on the second week of Easter holidays, this is recorded and she has a copy of this recording and does not despute that she said this.
Now a week before I am due to have my children, she claims that I cannot have them. She claims she did not confirm this by email, as stated by court order, therefore the agreement is not valid. Even though she said (and it is recorded in voice clip), that her email did not work. She is saying that it is disguisting that I record her on her own property, and that she did not give permission.
Can someone please advise? Should go for an emergency court hearing before the holidays as she is refusing the allow me to have them?
I did stress to her via email and via conversation (which is recorded) that it needed to be sorted so I could book the dates off work, she clearly agrees 100% I can have them on the second week of their holidays, now she says I cannot.
Hi there
Your only option would be to apply for an emergency application, but it would have to be for a Specific Issue Order, rather than an enforcement application, as she hasn't as yet breached the order.
You would do this with form C100 and to submit it would cost £215. You might like to think about asking for all subsequent holidays to be defined, to avoid this happening in the future.
If you take the completed form to the court in person and explain that there's only a week before the holidays start, they should get you in front of a judge quickly.
All the best
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.