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Hello..
Basically I took my ex to court in February as she was continually stopping contact with our son (2 years old). At the time I didnt have anyday but Sunday off because of work and so the contact order granted allowed me to have him from 1-7 every Sunday. Since court she has broken the order frequently and always causes arguments (especially concerning my partner who I have been with for 18 months). I am in the process of taking her back to court to vary the order as I have a new job which allows me both saturday and sundays off each week. I'm applying to have my son overnight saturday till Sunday evening, to have him christmas eve every year (she did not let me see him at all over christmas last year) and also to be allowed to take him on holiday every year.
I have asked her permission to take him on holiday in February (massive family holiday) she is refusing this and has said that even if the court agrees to it that she will 'hide him' and not give me his passport. Can she do this?
Also, I had arranged to have him overnight this Saturday but on Thursday she said that somebody had told her that the courts would be more willing to allow me to take him on holiday if she had let me have him overnight and so she is now not allowing me to have him overnight. Will this affect me in court? Where do we both stand?
Thanks
Good luck and keep going!!!
if you stick to your guns you will get access that is good for the kids and it sounds like what you have isn't that yet. I went through the same thing but I've got access that my ex doesn't like or want but I am entitled to it (and my sons love it). Hopefully, in time, your ex will calm down and realise that its all about what is best for the kids. Hopefully, mine eventually will do so too.
Hi there,
It might be better to ask for alternate Christmases, one year you have him and the next year she does....it makes it fairer for both sides then.
As far as holidays are concerned, tell the judge what she has threatened to do and ask that his passport be made available to you a month before the holiday starts, so that if she refuses to give it to you then you have time to go back to court to get it sorted. I'm sure if she is threatened with punishment that could include a custodial sentence she won't be so keen to ignore the order.
Again tell the court that she has reneged on an agreement to have him overnight because she believes that this will stop the court from awarding you the variance of contact. If you can get proof of what she is saying either by txt or email that would be good.
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