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I have a Child Arrangement Order in place. However, my ex-wife has booked a holiday for August and cancelled one of my weekends.
She did not check that it was ok to do this, and I had arranged to take my children to an event that weekend.
Whilst I do not wish to stop my children from going on holiday, I do not wanty ex to think that she can cancel dates without agreement (this is the reason we ended up in court) or for the children to miss out on the event I have arranged.
Advice please.
Hi there
Are your children old enough to give their wishes about what they would like to do? As you say, you don't wish to stop your children from going on holiday.
Before making a decision, perhaps you could write to her and ask when she intends to make alternative arrangements for the missed weekend and that you expect it to be made up promptly. Perhaps suggest that the extra two days is tagged onto your weekend either prior, or directly after the holiday. Make her aware that unless this is agreed in advanced and in writing, you will seriously consider making an application to court for a Specific Issue Order to ask the court to uphold the terms of the existing order.
I meant to explain that it won't be considered a breach until after the breach has been committed, that's why it wouldn't be possible to apply for enforcement until after it has happened. In any event, it's usual for there to have been several breaches for the court to act, it's worth noting that the judge will often feel that good co parenting acknowledges that a little flexibility should be applied to existing orders, in the best interests of the child/children.
One of our members was recently successful with a Prohibited Steps Order, to stop the mother from taking their children out of school for a holiday during term time. There were other factors, but the mother had booked and paid for the holiday.
So you would have the choice of applying for either an SPO or a PSO if thats the route you decided upon.
If you decide to try and negotiate with her for the missed contact to be made up and she refuses, you probably won't have time to try mediation to resolve it, so in that case you could submit an urgent application.
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