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Help please back to court

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Hi I have had great advice from this forum previously and I need help please, I am actually a mum who is dealing with a controlling ex who has always tried his best to stop me seeing my son.

My ex husband previously stopped overnight contact with my son, this was during COVID time and a bitter divorce.

Went through cafcass contact centre and no concerns everything he had made up was proved to be made up but due to dreadful delays with COVID this took 16 months.

Arrangement order made with the judge stating I do not want to see this back in court it should not have come to court.

My ex husband has slowly again been trying to remove my son bit by bit. Reducing contact my son is not allowed my phone number although at court my ex was told I was to have my son's number. I have been thinking about taking this back to court for some time as I've become so frustrated.

It's so petty and all one sided,.for example during school holidays we agreed at court the collect times would differ as we both work. Tuesday I collect at 4pm and then on a Friday 3pm, my ex mixed up times recently and I arrived at 3pm on a Friday text I am parked, ex text not until 4, screenshot the agreement and my son came out. So at home just being ridiculously petty, all the messages I have never deleted one show the petty behaviour comes from him. The reason the marriage came to an end controlling behaviour to the point I was so underweight gp wanted to put on weight gain supplements and finally built up courage to want to separate two days later, false non molestation order had me removed from my home and son


I have moved on with my life have a young son with my partner now, and we have booked a holiday for June. Along with my entire family, UK. Spoken to my son would you like to come if all ok, yes I want to come mum, be nice to see everyone and have a nice time. 

Text my ex to ask if it's ok. And his said no, as it's term time no.

I am aware it is term time but I have replied to say when we were married we took son out of school for holiday, and ex husband has an older child so when he was younger we took him on holiday out of school before my son was born and after.

So he had no issues taking him out of school then or his older son, but as I want to take my son on holiday it's a no. I know but don't know dates my ex husband did take my son on holiday whilst I was stopped from seeing him. It's not the term time issue it's my ex husband being petty.

If I apply to court will I get this through in time what will the judge say I have seen conflicting advice. 

Topic starter Posted : 12/04/2024 8:30 pm
Eminent Member Registered

Hi Jo

Has the school given permission for absence?

the court will look solely at the best interest of the child, in accordance with paper - and that would be education first unless exceptional circumstance.

IMO you could be opening yourself to criticism from all sides if you were to make an application




Posted : 13/04/2024 10:14 am

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I don't think it would be good idea to apply to court about taking son on holiday during term time. They would likely frown upon this and give priority to education. This time I took my kids on holiday in this easter holiday, as I found it cheaper. in summer time the prices will double or triple!

Posted : 13/04/2024 6:30 pm

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