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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 741
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My question is; in may 2012 I took my ex wife to court

Resolved Question:

Hi, My question is; in may 2012 I took my ex wife to court due to her refusal to allow quality time with my son. It went through caffcass. My mistake was not to push all the way to the end and now my son is. 5.5 years old and I've still not had a holiday with him or more than one night's break! she's already admitted to caffcass I'm a good father so as no reason to deny me. I do work abroad for 10 weeks with 3 weeks at home so my time with Oliver is limited. What should I do she won't listen and always reverts to the court order!
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask:
- what does the old court order say? When was it made ?
Kind Regards
Caroline
Customer: replied 1 year ago.

2 May 2015, It states that she needs two weeks notice prior to my return home she gets 10 weeks!

It states that I get him over night every other weekend plus on alternate weekends one full day plus Monday and Thursday after school until 530pm. However I only get three weeks leave and away for 10 so this no longer works. Every-time I suggest we improve contact she says refer to court order!

I have asked that I have him Friday after school until 1730 on Sunday for the three weekends I am at home but she says he is too tired after school, this means I never get to take him away or spend one full day and evening with him, he is now 5 and a half years old!

I do get him after school on Mondays and Thursdays for 2.5hrs however I live an hour away.

I have tried everything except dragging it back to court which I did not really want to do.

The caffcass officer said she is not taking it in the context it was made ie: a baseline of where to start and build on, unfortunately it has not built anywhere!

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for providing me with a copy of the court order - I can confirm that I have considered the same.
I agree that the order does allow for future scope for further time - by virtue of stating such other contact as can be agreed.
Please may I ask:
- what is your proposal for the future ?
- do you have any specific holiday plans in mind?
Kind Regards
Caroline
Customer: replied 1 year ago.

I was going to ask for half of all school holidays. Weekends Friday to Sunday whilst in country plus after school Mondays and Thursdays. In 4.5 years I've only had him once for two overnights!

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I agree with half the school holidays - as long as you are definitely back in the UK
In relation to the weekends - whilst I take on board that the mother will have the 10 weekends that you are away - perhaps if you ask for 2 out of the 3 weekends that you are back - then this might be easier for the mum to agree.
You need to look to agree a schedule to build up to your proposals although this shouldn't have to take too long.
If the mother won't agree - you should look to referring the issue to mediation for a season when you are back in the UK.
If you can't reach agreement at mediation then you will have to make the application to the court. Form C100. To Local Family Court. Court fee is £215.
If the mother won't agree to you taking your son abroad for a holiday then you will need to make an application to the court for temporary leave from the Jurisdiction for the purpose of a holiday. Same form and fee as mentioned above. The courts do consider that children will enjoy holidays so the mother should not unreasonably refuse your request.
Kind Regards
Caroline
Positive feedback is gratefully received.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 741
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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