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I have a defined contact order which states that 4 weeks of holidays for 2013 must be agreed between my ex and I before 4pm on the 26 January each year. I sent my proposed dates via e-mail to my ex 2 weeks ago, I then heard nothing so sent her a polite e-mail a week ago asking had she any thoughts and she came back to me and agreed to one week but said she needed time to agree to the other 3 weeks.
I have since heard nothing and now the deadline for agreeing to the dates has now passed.
Does that mean I can now have the dates I proposed because she never came back to me? If not how do I stand if she comes back to me now and proposes different dates? Technically she has broken the court order, would anything happen to her if I took this back to court, I don't really want to do that but where do I stand now that the deadline for agreeing the holidays has now passed?
Any advise would be appreciated.
technically, she has breached the court order, but I doubt that a court would take any action against her, and chances are that she would come up with the dates before it ever got to court.
However, you could certainly remind her that she is in breach, and that you would be prepared to go back to court for enforcement and a specific issue order of the dates you have requested.
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