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Hi everyone
Please help me
I am hoping for some advice that will enable me to ensure my daughter attends my wedding.
Some background;
After many issues with my ex over the past 5 years I went to court and now have access set out in a court order.
This order states that I get a holiday period with my daughter in the summer. This period is set out as the 4th week of the school summer holidays.
My fiancé and I plan to be married in august 2014 and to avoid any problems we planned it to coincide with this holiday period. Last year we checked the dates of the week as set out in the court order against the previous years holiday and booked our venue.
Later we realised that this years holiday fell on a different week.
We were unable to confirm at the time when next years summer holiday would fall and got quite concerned that the dates would not match.
I decided to take the bull by the horns and wrote to my ex explaining the situation and giving her 18 months notice, stipulating the dates involved and suggesting that this should be considered our weeks holiday that year.
On receipt of the letter she confirmed to me verbaly that this was absolutely fine. However given her history for causing problems I requested that she confirm this in writing.
6 Months passed with no response.
I once again asked her to confirm it in writing and was told that there was now a problem. She informed me that this was when she intended to take our daughter on holiday. I then wrote to her setting out my version of events and how I believe she had changed her standpoint and once again asking to confirm whatever intentions she had in writing. I added that I intended to take the matter to court should I not receive a response within 6 weeks.
On the 6 week deadline I received a response confirming she did not object to her attending the wedding and confirming we could collect her although a day later than I had originally requested. (this does not effect any plans)
However the letter was not signed or dated.
The following week I returned the letter to her thanking her for her response and asked her to sign it.
She took the letter into the house and returned it to me signed.
The signature was nothing like what I knew her signature to be like and looked like she had just got someone else to write her name.
When I challenged her she simply said that she had changed her signature.
She has previously denied me access, stopped me taking our daughter on holiday and disrupted birthday parties
Where do I go from here????????
If you are concerned that she will renege and the letter won't stand up then the best thing you can do is either mediation or applying for a Specific Issue Order.
With mediation any agreement is not legally binding however and she could still agree and then back track at the time of the wedding leaving you no time to get it sorted out.
With a Specific Issue Order that is done in plenty of time then she will have to comply as it is legally binding. This order is applied for using the C100 form and you may be eligible for an exemption of the court fees , for that you would need form EX160a.
graham: I am having the same problem with my ex.
Have you got yours resolved? My wedding is 24th May.
I have been looking for this answer. Thank you Jane. I have filled in the form and tomorrow will take it to the court.
Lets see if I can get a result for this.:)
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