[Solved] Court order - some advice

To me it does sound like ambiguous to me. But the wording of the order aside
What is the meaning of holiday for a child that doesn't go to school?

Until the child gores to school, I would have argued it would be fair to have half of Christmas, Easter, and bank holidays plus whatever the parents holiday entitlements are at work.

20 days or so a year holiday entitlement is kind of normal for most working people and I would think most parents would like to use it to be with their child.

The solicitor should have made it clear to you that his services recently would result in a fee, if you want to complain about the solicitor, you would write to them directly in the first instance and explain your issues and the fact that they didn't make it clear that they were going to charge for the recent advice as it pertained to the final order which you thought was covered by the final bill, (I'm assuming you have settled the final bill with them after the final hearing) If you get no joy with them you can escalate it to the Solicitors Regulatory Authority.

As far as the final order is concerned, I would write formally to your ex and state that the only legally binding document is the actual order and any emails that the court sent prior to the final order being produced, that aren't reflected in the order itself, arenot valid. Further remind her that the court order must be adhered to and if she breaches the order, you will not hesitate to return to court for enforcement and variation of the order. Explain that you wish to avoid that at all cost, but if no agreement can be reached, you will have no alternative.

All the best

Well due to the fact the court sent an email saying that the holidays aren't shared until he attends school my solicitor advised me that she wouldn't in fact be in breach of the order as she is following the courts advice. It's just a mess really. I don't see how it can say one thing but mean another.
Annoyingly when my solicitor has approached the court about it they haven't got back to him. I approached them myself and they referred me back to the email sent to me before the order was actually written saying I don't share any half term holidays only summer holidays. Why would I only share summer holidays and not the rest? Surely if it's all about getting into a good routine and the best interest of the child then we would start sharing them all now rather than wait until he is 5.
So after my solicitor telling me one thing and the court another I've now been sent another bill from my solicitor for the time he spent chasing the courts for clarification of the order and I've been left none the wiser. Also he failed to inform me that there is a form available that I can use to request the transcripts of the hearing so that i can listen to it myself to see exactly what was said. I really don't feel like i have recieved a good service at all as rather than paying him for nothing I could have l used this form and found out myself.
The court also mentioned I would have to apply to vary the order if i wasn't happy which is the route I'm going to have to take. My circumstances have also changed which I want to make the court aware of. When I was there last I was going to be working away 2 weeks in 8 whereas now I'm at home all of the time and therefore a fixed routine can be followed. I would therefore like them to consider this with a view to me having more time with him.

... I still say that only what is stipulated in the actual order is whats relevant, especially if the email was sent before the order was issued... However I won't labour the point!

You will have to attempt mediation again, before you can make a new application to vary the order, although you could try and talk to the mediator and explain that it is effectively an ambiguous breach and you don't feel that mediation will work given the ex's refusal to budge.

Also he failed to inform me that there is a form available that I can use to request the transcripts of the hearing so that i can listen to it myself to see exactly what was said. I really don't feel like i have recieved a good service at all as rather than paying him for nothing I could have l used this form and found out myself.

Getting a transcript is not cheap. I was quoted £300+ for a transcript of what one person said at an FHDRA. It would have been a lot more for a full hearing.

Everything I have written is based on what I have been told by my solicitor but my confidence isn't very high in what I have been told and the service I have received. I had no idea that there were such high costs involved in obtaining the transcripts. I Was told i could apply to vary the order without going to mediation first. I also told this by my solicitor. Confusing.

If a solicitor isn't a family law specialist then their knowledge of the actual workings of the family court is usually lacking. You wouldn't be the first to have received flawed advice...

Mediation can only be bypassed if it's an enforcement application, or mediation has been attempted in the last four months.

The cost of obtaining Court transcripts is very expensive.

He's been working in family law for 15 years and told me he had never misinterpreted what had been said in court and was positive the courts intention was for us to share the holidays from now however like I mentioned above the court replied to my correspondence after the order was written stating that it didn't mean what was written in black and white. It's ridiculous how I've been left in this situation by the court and by my solicitor who wants more money for not advising me of the one thing I could have done to clarify what was actually intended by the court. The transcripts may be expensive but I'd rather pay for them and have a chance of sharing the holidays with my son than pay for useless advice from my solicitor. So it looks like I may have to start all over.

I'm sorry but I don't accept that a court order can be overridden by a court clerk, once the order has been rubber stamped and its the final order, it stands unequivocally, that has always been my understanding, but as my profile States, I'm not legally trained.

I would speak to someone else, get a second opinion, some solicitors offer a free initial consultation, or you could try contacting Child Law Adviceline.

You didn't say how long ago you attended mediation? If it was over four months ago, then that's a very basic rule that your solicitor got wrong.

Best of luck with it

Apparantly the legal advisor from the court spoke to the chairman who heard the case who confirmed that the holidays aren't shared until full time education. The order does not reflect this but due to the respondant having this email also she wouldn't be in breach i dont believe as she us just going by what the court have said.
With regards to my solicitor it's possible he did say mediation would have to be attempted as to be honest my head is still spinning. Is it normal for holidays not to be shared until full time education as my child attends nursery. I'd like to spend half of the holidays with him obviously.
Having looked at the EX107 form and guidance notes all I can see is costs for postage but not obtaining the transcripts itself.

I attended mediation over 6 months ago