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I think the solicitor is trying to scare you with regards to costs, it's extremely rare for costs to be awarded against the other party, and certainly not in this sort of instance.
However, I suspect that a court probably wouldn't stop a holiday, so I don't think you would necessarily achieve too much by going to court. I would possibly take this opportunity to write back to the solicitor to say that you would prefer not to go to court, but that you would like an agreement that missing time is made up, and that you are given more notice in future - as well as hopefully getting what you ask for, it also shows that you aren't going to court for the sake of it if you do go to court.
I don't usually post links solicitors but this explains well in paragraph 3 the situation regarding permission. As I said earlier, even though the mother s stated as the parent that your child lives with, your contact within the order overrides the mothers right to take the child away during your time.
You can refuse and she would need to seek an order to be allowed to go. As actd says it's doubtful she would get costs as, if she takes the child she is in breach of the existing order.
Thank you for all your help regarding this.
I expect that I will give permission, if I dont I know that they will return it to court to get the relevant order to allow them to, then I know that when it comes to asking the mother for the passport for my summer holiday with daughter they will force me to go to court. I cannot afford backwards and forwards to court. If it was a case of they went to court and did get their order and then she just agreed to my holiday then it could be an approach I take however its pretty obvious that wont happen.
Thank you all
I think a patronising letter by return to solicitor, just to let them know you are aware of the rules governing this and for their future reference, they need to look up and revise the advice they give concerning this matter. Copy and paste paragraph 3 to make your point.
I would tell them you will give permission this time, and as a gesture of goodwill it would be fitting for the mother to agree to some extra time on their return.
Further, that if permission isn't sought in the future, prior to booking a holiday, you would refuse permission and return to court to have your position heard, and if this were to happen you would be asking for costs.
All the best
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