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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.
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
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?
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 🙂 Hope you get kit sorted
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 🙂 Hope you get kit sorted
So she can combine those 7 days with my weekend contact 🙁 thought it was seperate.
[censored].
She wont negotiate.
My step children have 2 separate weeks during the summer holidays and each of those weeks incorporates the weekend their dad should have them. You could always ask for more time at another time because you can do that if you can both agree 🙂
My step children have 2 separate weeks during the summer holidays and each of those weeks incorporates the weekend their dad should have them. You could always ask for more time at another time because you can do that if you can both agree 🙂
So its standard practice to include the normal scheduled weekend contact with additional days? So if i take this to court its likely the court will see it the same way as you and my ex.
No critiquing. Just trying to understand the logic. I feel it should be seperate
Im not sure if its standard practise. It specifies with my step children 2 separate weeks during the summer holidays. My wife does a calendar for him at the start of each year. He always agrees and she is as reasonable as she can be. If the court order states that the alternate weekends continue throughout the holidays then it is up to the both of you to decide on that really. If you are requesting more time during the summer holidays then that would be a reason to amend the order. Otherwise id try and talk with her
My partenrs summer contact is based on his alternate weekends. He is to have 1 week including his weekend.
I would have thought yours would be the same but i would have thought you would have your weekend (2 days) + week (5 days) which brings you to 7 days and I thought the order says (maximum 7 days) not to interefere with mum's weekend, but it does also say dates to be agreed so thats not directing the contact to be as stated above, just seems the most logical way?!
Having said that, you should ge ta week as the order does say For a week in August. Maybe just explain why it would be in your childs interest to get the extra day your missing?
If you wanted more time you could vary the order but that means court all over again costs and hearings... (thats what my partner is currently doing, hoping it will all be wrapped up by christmas!)
Good Luck!
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