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
Our contact order states thay each parent gets 1 full week in the summer holidays with the kids. So we text BM today to ask her dates for next summer, as we had been told by the kids she has booked their holiday.
She has come back with dates in MAY.
A) that's not summer holidays
B) that will mean missing our contact times
C) most importantly it means the kids missing a week of school.
We are in NI and don't currently operate fines for holidays during term time but its still discouraged. Both children have additional needs and have classroom assistants and additional support in school. Them missing a week is just ridiculous. She did this once before, prior to contact order, and I made it clear then I was against it. Now she's done it again even with a contact order.
What can/should we do?
The holiday is booked.
You could apply back to court for enforcement of the order, as this is clearly not what the court intended. It may be that if you tell your ex that you are intending to do this, she might come to her senses.
I think I am going to have to. I'm just concerned that I will do that and the judge will still allow her to take them out of school.
If the order is specific, that it's one week in the summer holidays I don't think the judge would disagree, especially as you are against taking the children out of school.
Have you thought of contacting the school to get their opinion on it?
Yes. Planning to speak to principal this week to get their opinion too.
See if you can get their response in writing, or perhaps ask for a meeting with them and the mother.
You could also send the mother a formal letter to remind her that the order states a week in the summer holidays, that you are extremely unhappy about taking the children out of school, that you are against it and that you are seeking a meeting with the principal. Tell her that if she refuses to change her mind on this you will not hesitate to take it back to court to have the original order enforced.
Have a meeting with the principal this afternoon...wish me luck.
Do let us know how you get on. Good luck!
So the principals point of view is that she doesn't endorse holidays in school time and will only give permission in exceptional circumstances. Aside from that it goes down as an unauthorised absence. She said she isn't willing to write a letter pertaining to this particular issue but is happy to put into writing the schools point of view on holidays in general.
Funnily enough as were leaving, mother was on her way in for a meeting with the principal...she had called and booked one this morning just after we did!
I wonder is this going to be enough to support our case? I am genuinely worried the judge will let her go because its paid for.
It will be interesting to see if the school allows it.
If you're taking this back to court for enforcement, I would go on the angle that she is breaching the children's time with you and that you are not in agreement of the children having unauthorised absences given the school's policy.
I hate to say it, but the court are likely to let her go if she's already booked it and told the children as the court will look at it from their point of view only, and they will see it as being let down on their holiday.
I'm afraid of that happening, that because its booked she will be allowed to go, I'm preparing for it. I'm hoping that if that does happen that it is at least written into the contact order implicitly that she can no longer book holidays in term time.
It just seems like the contact order isn't worth the paper it is written on and I can't understand how this is fair. She breaks it constantly and I'm powerless.
School made it clear it will only be authorised in exceptional circumstances which this isn't, they can't stop her from going but it will be down as an unauthorised absence.
You're not powerless - if she breaches it, you have to return to court each time. She'll soon get the message.
Unfortunately once a holiday has been booked and the children made aware, if she's prevented from going, the children will miss out.
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.