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hi all
two things really bothering me a lot:
1. No Compensation for missing contact,what to do-my ex took my daughter abroad for 3 weeks during last holidays. i have missed a week holidays contact plus a weekend contact with my daughter.
We don't have anything in the contact order which states my ex should compensate the missing contact. She did ask me before taking her to abroad that if I want the missing contact to be compensated in summer or Christmas holidays. but since she came back she is saying theres nothing in the contact order about compensation.
what can i do at this stage? and for future
2. my daughter's step father is asking for PR-its been 2 and half years since my daughter is staying with her step father. i always quarrelled with him about his sayings on things, but now he contacted a solicitor to apply for PR. what can i do? can i deny it? what should i say
help advise please
just my opinion based on my own events...
1. I dont think you will get anything re the missed contact, all i suggest is that you have a period of holiday time put into the contact schedule say a week in the summer hols (for example 2nd week in august sun-sat) and that you also ensure that you are able to have passports (specific issues order) and that details are supplied at least 8 weeks in advance of travel. That way if you are prevented from taking her on hols and you lose out on money, you can claim the cost from her. A judge would not be impressed at all. With regard to the missed time, i suggest you draw up additional time spread out over a period of time to make up for the lost time...
2. I am assuming that you have PR, if so you can object to the step father and i doubt very much if a court would allow the step father PR as you are already there in your childs life. Make sure that if it goes to a court you are there. In addition, don't argue or communicate with him, do this with the mother as the other parent.
a couple of rules though...
always be nice and polite
always make sure that you have an audit trail - so email/text...phone call conversations can be denied and twisted...
read up on PR and contact/family law stuff..
Richard
Hi,
Hope this will help.
1) If you have a court set order for defined contact time i.e. weekends, any expenditure which you have had to make should be compensating you. The one issue and difficulty is that, as it was last year, a Judge will be very unlikely to grant you the compensation.
For example if you have paid for yourself and your child to go to Chester Zoo (not a cheap day out) and have the tickets all ready for your DEFINED contact date, and all of a sudden for whatever reason, the mother goes on holiday or denies contact on that day, you should immediately contact your local court and ask for directions on what actions you should take. The chances are this may result in a short hearing, where your ex will likely get a warning. At this point you need to provide evidence of costs to yourself owed to an agreement being broken. This under law is to be compensated to you.
2) If he wishes to have parental responsibility, he may be able to get PR in addition to both yourself and your ex. Its certainly not a nice feeling (especially for us gents) and we feel somewhat undermined. What i would say is that if he wishes to go for parental responsibility there are elements within a Prohibitive Steps Order which you could take out and you need to clearly state under/over what grounds you are taking this out. However be aware that if this claim has no basis some Judges will not grant this Order and are likely to allow PR to be given.
Its a complex system, full of loopholes. The biggest of which is the mother being willing to allow PR. Its much more difficult for a Father to block someone being given PR than it is a Mother.
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