• Page:
  • 1

TOPIC: Holiday issue ongoing

Holiday issue ongoing 2 years 5 months ago #89951

So today I submitted a Prohibited Steps application to the court. I am trying to stop my ex taking the children out of school for a holiday during term time. In Northern Ireland we do not yet fine but absences for holidays are always classed as unauthorised and LEA guidelines says not to take them.

My son has autism and is really struggling. Is very behind at school in fact his annual report said he was regressing and the school is applying for more funding for a 2nd assistant for him. He will be so hard to settle back in after a week off and having work to catch up.

My daughter has an attendance of 90% which is poor and has missed 15 days since September.
Solicitor has written to her twice to try neogiating but been ignored.

I wish I knew what the judge is going to say as if she is allowed to go she will be laughing her head off at us. Solicitor says we have good case but you never know.

Please Log in or Create an account to join the conversation.

Holiday issue ongoing 2 years 5 months ago #89953

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 11137
  • Thank you received: 1725
Can you get a letter from the school to say that it would not be advisable to take time out of the school term, giving all reasons, including poor attendance already? That will make it easier for the judge to order against taking them out during term time.

Please Log in or Create an account to join the conversation.

Holiday issue ongoing 2 years 5 months ago #89975

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
As this isn't the first time she has done this and isn't offering you alternative contact time for the missed time, I think you do have a case, but from your last thread about 3 months ago, the fact that she has paid for the holiday might sway the judge.

However, as was also said, it might be that you can get the conditions tightened up for the future and get no term time holidays written into the order.

The fact that both your children have special needs and in particular, that your son is struggling and is having a bigger package of care put in place, might be enough to get the PSO granted. It costs a lot of money to provide extra support and as you point out, the disruption caused by taking him out in term time will be distressing for him.

Best of luck

Please Log in or Create an account to join the conversation.

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 ongoing 2 years 4 months ago #90496

Am based in NI. Which court and what judge. Where is she taking them and how far into the process are you. I have a feeling unless you can give good reasons they will be allowed but I would love to know more. My ex was allowed to take children to North America by an NI judge and I had to sign the passport forms etc. But I still think I was screwed as does everyone except the legal team i had at the time and the judge :)

Would love to know how the PSO went.

Please Log in or Create an account to join the conversation.

Holiday issue ongoing 2 years 2 months ago #91231

Just an update.

The prohibited steps order was granted, and virtually immediately, the judge said he didn't even have to think about it.. Judge was completely in agreement with me that no child should be taken out of school for a holiday let alone 2 children with issues with attendance, progress and behaviour. He also said that the responsibility for any upset to the children lay completely on their mothers shoulders as she was in the wrong.
She declined to come into the court room and the judge actually said he felt sorry for her barrister having to try argue her point as it was such a weak argument.
Kids are disappointed and of course she told them it was my fault, but I showed them some information from the education board that explained the issue of term time holidays and they've both took it on board quite well.

Glad to have been listened to for once!!

Please Log in or Create an account to join the conversation.

Holiday issue ongoing 2 years 2 months ago #91234

  • actd
  • actd's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 11137
  • Thank you received: 1725
Good result. Thank you for letting us know the outcome :-)

Please Log in or Create an account to join the conversation.

Holiday issue ongoing 2 years 2 months ago #91240

  • Mojo
  • Mojo's Avatar
  • Offline
  • Moderator
  • Moderator
  • Posts: 8561
  • Thank you received: 1815
That's great news, common sense prevailed! I can't believe she wouldn't enter the courtroom, I doubt that helped her position, but from the sound of it the judge had already made up his mind before he got into court.

Was any comment made about future holidays, did you get the order tightened up?

Well done, let's hope that she has learnt a lesson!

Please Log in or Create an account to join the conversation.

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.

  • Page:
  • 1
Moderators: Samantha Downes