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Hi Guys, I've been divorced for over 2 years now and we've had a court order in place since May last year in terms of when i see my kids during term time. It was never stated in the order how often I could have my children during the holiday periods. It was stated that such other contact (outside of the term time rota) to be agreed between the parties (me and the ex).
Last academic year (17/18), we managed to sort out contact during holidays and this was not equal but it was fine as I had them for quite a lot of time. This year is proving to be a challenge. She has provided her proposals when I can have the kids during all the holiday periods from Oct half term until the end of summer. I have provided dates when I can have them during each holiday period. She has point blanked refused my proposals citing that they are not equal and unless I share the holiday contact equally, she will keep them for all the holidays.
The court order doesnt state anything that they must be shared equally. I'm not refusing to have my kids. I have provided dates when i can have them.
I'm just wondering that if this was to go to court, where would I stand? Would the judge force me to have them for an equal amount of time during holidays or would they take into consideration my annual leave entitlement, the fact I have a new life with a new partner etc etc?
I feel like she is dictating when i can have the kids and if i dont obey with her, she will throw her toys out of the pram and refuse any contact during the holiday periods.
Hi There,
A judge wouldn't enforce that you have your children at a set time, as they are unable to do this, they will set out a schedule and then expect that the mother makes the children available.
If you were to return to court, you would firstly need to attend mediation, if that failed or you couldn't agree then you could apply to the family courts for help.
A judge should take into account your holiday entitlement, though I would hold off on the subject of your new family and life, although that is important, the judge will be looking at what is best for your child only and wouldn't really look at that side of things.
GTTS
Hi
Thanks for your reply.
So to be clear, a judge wouldn't / is unlikely to say "all holidays should be shared equally" ?
As much as I would love to have my children equally during holidays, I would never have enough leave to have them and actually spend time with them if that makes sense?
To be honest, I've always been told not to mention other things in my life when trying to negotiate children matters so really wouldn't mention this.
I have no intentio of going to court but I think some of the noises coming from my ex's side is that she wants to go to court and push for equality when it comes to holidays.
Just wanted to guage your opinion / knowledge on this matter.
As GTTS has said, a court can’t make the non resident parent have the children more than they are able to. If you were to explain that work commitments/annual leave restrictions make a 50/50 share unworkable, that would most likely be accepted.
Best of luck
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