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Is she breaking court order

 
Jnny
 Jnny
(@jnny)
Trusted Member Registered

Hello

I have a court order in place which includes that for school summer holidays, ‘ ‘child to spend two separate periods of one week his father and two separate periods of one week with his mother. The remaining weekends to be divided’.

my ex has sent me a proposal for this period which gives me my two periods of one week and herself one period of 7 nights and one period of 16 nights. In addition she also gets another 8 nights. 
In this proposal she gave me one extra overnight (in her 16 nights). I disagreed with this and asked her for more additional time, which is allowed in the court order. I suggest she only has 7 nights in one period, so me and my son go no longer than 7;days seeing each other.  She gave me 2 HOURS, meaning I pick him up earlier on the one day she gave me.

In addition there are 3 Saturdays and 3 Sundays to be shared between us, I have my son for one overnight until 6pm next day, she is having all of the others.

 

I believe she is breaking the court order. Before I say this to her I thought I’d check with you first. What do you think?

 

  

Quote
Topic starter Posted : 22/07/2021 5:06 pm
Bill337
(@bill337)
Famed Member

hi,

judging by the wording of the order you mentioned, it does look like she is breaching the order by giving herself 16 nights in one go, when it should be 2 week blocks of 7 nights for each of you. problem is if you want to return to court, your hearing will probably happen in 2-3 months time, possibly longer. you have to decide whether it's worth arguing about this in court. I don't think court will do much, they might give your ex a telling off and that's it. other option is if you end up in court, you ask for 3 weeks of 7 nights during summer holiday, 50/50 split.

ReplyQuote
Posted : 22/07/2021 5:32 pm

Jnny
 Jnny
(@jnny)
Trusted Member Registered

Thank you.

I had to report her before for breaking order, she was told off and I was told to report her if she did it again. 
I think she is breaking the order over the sharing of the weekends as well.

I have already asked her if she will change the current arrangements, which have been in place 5years now, to give us a week about throughout the year, which would stop the arguments every summer and suit my sons needs as he is growing up and wants to see me more,  she said no. I asked her to trial it through this years summer holiday, she said no. Im in process of applying back to courts for shared residency.

ReplyQuote
Topic starter Posted : 22/07/2021 6:04 pm
fer17
(@fer17)
Eminent Member Registered

I think your best bet would be to apply to vary the order and get it sorted that way. You can mention then the issues you had during the summer holidays this year and you do not want it happening again.

My ex is doing the same and refusing me time during the holidays, she knows if i apply to the courts now it will not be heard until after the holidays so I can't win right now. 

ReplyQuote
Posted : 23/07/2021 9:48 am

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Jnny
 Jnny
(@jnny)
Trusted Member Registered

@fer17

Thanks for replying.I emailed her and said in my opinion you would be breaking the court order if you go ahead with your proposal. I showed where I thought the break would be. She actually gave me my correct share of the weekends 😄 but she wouldn’t admit she was in the wrong. So I got my 2 separate periods of one week and correct share on the remaining weekends. Any remaking time is her’s, but on the court order I can ask for additional time from this time. I asked for 2.5 days, she has given me 2 times half a day until 12 🙄. I will be going back to court for shared residency and use this as some of my evidence as to why it needs to be changed. But now I have another problem, my son should be with me now for 2.5 days and from next Saturday for one week, a family members has been by someone who has tested positive for covid. So I have had to cancel this weekend with my son and if my family members test is positive I will have to isolate for 10 days which goes in to my full week holiday. If this happens do I just lose that week or can I ask for another week later in the school holiday. If I can but she says no, is that breaking the court order?

 

are you not allowed time during summer holidays on your court order?

ReplyQuote
Topic starter Posted : 25/07/2021 11:30 am

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