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Hi, I have used the small claims court years ago for something completely different but just wondered if would apply to the following.
Myself and ex partner ended up going to court after I was denied access. I represented myself and "won" access from a Friday to Sunday night every other week and to "use common sense" for holidays etc. For around 9 months this has actually been working if strained at times.
Anyway we have done one holiday no problem and I have just booked a weekend away at half term when its my weekend. I have texts to say it wasnt a problem and didnt clash with anything. I made sure I asked numerous times to make sure. Anyway out of the blue the ex has decided my daughter now wants to do something else and clashes with something else and wont let her go. Like I say i asked and it is my weekend. I really dont know what options are available to me - I dont see anything I can do about it. But could I use the small claim court to claim the money back against my ex? I would prefer not to but even if its possible I could at least use it as a "threat" to maybe make her see sense?
Hi there
I think that's an option, as long as you have proof that she agreed initially.
The other option is a Specific Issue Order, but mediation first to see if it can be sorted without having to apply to,court.
Before you consider this, you say that apart from this occasion, it has worked well over the last 9 months. I question whether taking this action would have repercussions that would outweigh the benefit of doing this. Beyond that, the small claims court is quite informal generally and the decision isn't always as clear cut as who is right or wrong, but what seems to be a sensible outcome, so you may possibly get a contribution towards the holiday, but it's not guaranteed.
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