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Summer contact issu...
 
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[Solved] Summer contact issue

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Posts: 385
Registered
Topic starter
(@BMurkin)
Honorable Member
Joined: 10 years ago

I have a court order that says during the summer holiday my son will spend a week with me and it also says in same sentence, in brackets, a maximum of 7 days. Not sure why that was added, missed it the first time.

Anyway, my ex is only offering 4 days, citing that it is at her discretion if she gives 7 days or not. She quotes the "max of 7 days" part of the order to back her up.

There is no mention in the order that she has the right to offe me less.

What can I do? Do i have any argument, legally, to convince her to give me the 7 days. How can i counter her argunent.

Or do i have to accept it?

Can i take this to court.

8 Replies
Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

Hi there

If it states that you have him for a week, then you can apply to enforce the order, which you do with form C79.

Perhaps you could put it in writing to her, that if she doesn’t agree to a full week as ordered, you will make an application to court to have the order enforced. She may back down.

Best of luck

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Posts: 385
Registered
Topic starter
(@BMurkin)
Honorable Member
Joined: 10 years ago

Hi there

If it states that you have him for a week, then you can apply to enforce the order, which you do with form C79.

Perhaps you could put it in writing to her, that if she doesn’t agree to a full week as ordered, you will make an application to court to have the order enforced. She may back down.

Best of luck

thank you.

this is what the order states:

"For a week in August 2018 (precise dates to be agreed in writing by email) (maximum 7 days in total). For the avoidance of doubt, the alternate weekend contacts shall continue throughout the summer holiday (but midweek contact on Thursdays will not so continue but shall recommence in term time). Mark shall also spend two additional Thursdays between the hours of 8 am to 6pm with the Father (precise dates to be agreed by email)."

does she have any legal grounds to deny me the full 7 days.

what she has offered is 8th August to 13th August. However, my son is scheduled to be with me on the 11th and 12th August anyway as part of the alternative weekend contact. This means she has offered only 4 of the 7 days that i am entitled.

or am i the one in the wrong here. is she right?

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Posts: 112
Registered
(@Sporadic)
Estimable Member
Joined: 8 years ago

If she has offered 8/08 - 13/08 then its actually 6 days. The alternate weekends aren't additional. If it states 7 days then she could (with my experience) include that weekend in that period of time. I dont think its about being who's wrong or right. Its about negotiating πŸ™‚ Hope you get kit sorted

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Posts: 385
Registered
Topic starter
(@BMurkin)
Honorable Member
Joined: 10 years ago

If she has offered 8/08 - 13/08 then its actually 6 days. The alternate weekends aren't additional. If it states 7 days then she could (with my experience) include that weekend in that period of time. I dont think its about being who's wrong or right. Its about negotiating πŸ™‚ Hope you get kit sorted

So she can combine those 7 days with my weekend contact πŸ™ thought it was seperate.

[censored].

She wont negotiate.

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