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TOPIC: Holiday issue - no idea what to do

Holiday issue - no idea what to do 2 years 8 months ago #87059

Our contact order states thay each parent gets 1 full week in the summer holidays with the kids. So we text BM today to ask her dates for next summer, as we had been told by the kids she has booked their holiday.
She has come back with dates in MAY.
A) that's not summer holidays
B) that will mean missing our contact times
C) most importantly it means the kids missing a week of school.

We are in NI and don't currently operate fines for holidays during term time but its still discouraged. Both children have additional needs and have classroom assistants and additional support in school. Them missing a week is just ridiculous. She did this once before, prior to contact order, and I made it clear then I was against it. Now she's done it again even with a contact order.

What can/should we do?
The holiday is booked.

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Holiday issue - no idea what to do 2 years 8 months ago #87067

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You could apply back to court for enforcement of the order, as this is clearly not what the court intended. It may be that if you tell your ex that you are intending to do this, she might come to her senses.

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Holiday issue - no idea what to do 2 years 8 months ago #87070

I think I am going to have to. I'm just concerned that I will do that and the judge will still allow her to take them out of school.

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Holiday issue - no idea what to do 2 years 8 months ago #87092

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If the order is specific, that it's one week in the summer holidays I don't think the judge would disagree, especially as you are against taking the children out of school.

Have you thought of contacting the school to get their opinion on it?

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Holiday issue - no idea what to do 2 years 8 months ago #87094

Yes. Planning to speak to principal this week to get their opinion too.

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Holiday issue - no idea what to do 2 years 8 months ago #87097

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See if you can get their response in writing, or perhaps ask for a meeting with them and the mother.

You could also send the mother a formal letter to remind her that the order states a week in the summer holidays, that you are extremely unhappy about taking the children out of school, that you are against it and that you are seeking a meeting with the principal. Tell her that if she refuses to change her mind on this you will not hesitate to take it back to court to have the original order enforced.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Holiday issue - no idea what to do 2 years 8 months ago #87111

Have a meeting with the principal this afternoon...wish me luck.

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Holiday issue - no idea what to do 2 years 8 months ago #87116

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Do let us know how you get on. Good luck!

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Holiday issue - no idea what to do 2 years 8 months ago #87123

So the principals point of view is that she doesn't endorse holidays in school time and will only give permission in exceptional circumstances. Aside from that it goes down as an unauthorised absence. She said she isn't willing to write a letter pertaining to this particular issue but is happy to put into writing the schools point of view on holidays in general.

Funnily enough as were leaving, mother was on her way in for a meeting with the principal...she had called and booked one this morning just after we did!

I wonder is this going to be enough to support our case? I am genuinely worried the judge will let her go because its paid for.

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Holiday issue - no idea what to do 2 years 8 months ago #87155

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It will be interesting to see if the school allows it.

If you're taking this back to court for enforcement, I would go on the angle that she is breaching the children's time with you and that you are not in agreement of the children having unauthorised absences given the school's policy.

I hate to say it, but the court are likely to let her go if she's already booked it and told the children as the court will look at it from their point of view only, and they will see it as being let down on their holiday.

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Holiday issue - no idea what to do 2 years 8 months ago #87167

I'm afraid of that happening, that because its booked she will be allowed to go, I'm preparing for it. I'm hoping that if that does happen that it is at least written into the contact order implicitly that she can no longer book holidays in term time.

It just seems like the contact order isn't worth the paper it is written on and I can't understand how this is fair. She breaks it constantly and I'm powerless.

School made it clear it will only be authorised in exceptional circumstances which this isn't, they can't stop her from going but it will be down as an unauthorised absence.

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Holiday issue - no idea what to do 2 years 8 months ago #87171

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You're not powerless - if she breaches it, you have to return to court each time. She'll soon get the message.

Unfortunately once a holiday has been booked and the children made aware, if she's prevented from going, the children will miss out.

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DAD.info Moderator

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