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Ex Breaking Seperation Agreement


Posts: 1
Registered
Topic starter
(@themacnab)
New Member
Joined: 1 week ago

Hi, hoping someone can give me some advice or share experience they have had.  First post, apologies that its long winded!

I have a legal minute of agreement all done through solicitors at the time of divorce.  Approx. 5 years ago.  Part of the agreement is set periods during school holidays and that the children should not be taken out of school without the other parents consent.  I am in a situation where my ex has booked holidays which overlapped into my time with the children, resulting in us cancelling holiday and taken them out of school. 

This year, I am restricted with holidays and the only time I can go away would mean the children miss the last 3 days of term.  My ex has said she wont give me the passports and that we need to stick to the agreement..... the one she doesn't stick too. 

The children are now 13 & 9 and expressing their own opinions on what they do and when they do it, so the agreement is outdated and either needs revised or ripped up I am guessing?  She does not want to discuss or change anything on the existing agreement, even though the children have expressed changes (which make sense). 

Is this something that would need to be pursued through court?

Is someone breaking the minute of agreement enforceable?

Thanks in advance.

1 Reply
Posts: 5429
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

are you based in Scotland? if minute of agreement was legally registered with authorities there, then you can take it to court to be enforced.

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