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Specific issue order

 
Magpie9
(@magpie9)
New Member Registered

My ex was granted a specific issue order to relocate 4 hours away. The order confirmed mid way pick up/drop off for weekend visits however stupidly I did not think to confirm the same for the 5 week agreed school holidays we have. I  presumedit would just be the same and we would meet halfway but she isn’t agreeing to this. She is refusing to allow me access for the agreed holidays we have in place unless I pick up and drop off at the end of the week however it is an 8 hour round trip and would not be possible. I’ve requested either half way or I would pick up then she could do the same at the end of the week but she refuses. Would I need to apply for a specific issue order and would I need to go through mediation again?

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Topic starter Posted : 13/10/2021 2:39 pm
Bill337
(@bill337)
Famed Member

hi,

I don't think it's realistic to keep on returning to court every time there is disagreement like this. would suggest you to pick up and drop kids, even though it's a long journey. is it possible to move closer to kids?

see this: https://www.lawgazette.co.uk/news/judge-tells-lawyers-stop-wasting-our-time-with-trivial-applications/5105790.article

This post was modified 5 days ago by Bill337
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Posted : 13/10/2021 9:09 pm

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Jnny
 Jnny
(@jnny)
Trusted Member Registered

How is it worded on your court order. I would have thought it continued as it is during term time. Term time I pick up and drop off to school, so don’t see the ex 😄 but during holidays I pick up from my ex house and she then picks up from mine. After all it was your ex who moved away.

It so important to get everything written on to the court order. The courts should know all of the issues that may arise and ensure they are covered, included, to prevent the need to return to courts. I know how stressful it is in court and you can forget, miss things.

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Posted : 14/10/2021 10:55 am
Magpie9
(@magpie9)
New Member Registered
Posted by: @bill337

hi,

I don't think it's realistic to keep on returning to court every time there is disagreement like this. would suggest you to pick up and drop kids, even though it's a long journey. is it possible to move closer to kids?

see this: https://www.lawgazette.co.uk/news/judge-tells-lawyers-stop-wasting-our-time-with-trivial-applications/5105790.article

Hi

No moving isn’t possible nor is driving an 8 hour round trip.

Surely it wouldn’t be considered a trivial disagreement given it would impact consistently over the next 15 years. I’ve also asked if she would consider alternatives or mediation and she hasn’t agreed so unsure what the alternative is? 

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Topic starter Posted : 15/10/2021 8:48 am

Magpie9
(@magpie9)
New Member Registered
Posted by: @jnny

How is it worded on your court order. I would have thought it continued as it is during term time. Term time I pick up and drop off to school, so don’t see the ex 😄 but during holidays I pick up from my ex house and she then picks up from mine. After all it was your ex who moved away.

It so important to get everything written on to the court order. The courts should know all of the issues that may arise and ensure they are covered, included, to prevent the need to return to courts. I know how stressful it is in court and you can forget, miss things.

Hi

It reads:

‘In January of each calendar year both parties will agree up to 5 full individual weeks of the school holidays for XX to spend time with father and up to 5 individual weeks for XX to spend time with mother. The 8-week plan of contact set out above at paragraph 2 of this Order shall continue during XX school holidays, unless superseded by the agreed holidays.

It doesn’t mention travel at any point other than the half way meet for weekend which is specified for each weekend as its based on an 8 week rota. In hindsight I should have clarified on the day but there was a lot going on and I was representing myself.

Thanks 

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Topic starter Posted : 15/10/2021 8:55 am
Jnny
 Jnny
(@jnny)
Trusted Member Registered

@magpie9 I’m no expert but the order says ‘of this order shall continue throughout the school holidays’. Then surely whatever is agreed re pick up drop off normally, should continue through the school holidays. If this is the case she is breaking the court order. Why don’t you phone the court helpline and ask them to confirm it for you. They will need your case number. I’ve done this in the passed they are really helpful. I wouldn’t go in to a lot of detail just that it says to continue through school holidays, if they agree ask by not doing it is she breaking the order. I’m not suggesting you report her, but you can then let her know that you have had it confirmed that she is breaking the order, so she just needs to continue with normal pick up drop off as court ordered. 

keep in touch.

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Posted : 15/10/2021 12:32 pm

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