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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I'm father with order and schedule sealed by court

Resolved Question:

I'm father with order and schedule sealed by court for weekend contact and half of holidays, mother wants to change remaining 5 months of the schedule ncluding preventing my booked holiday which is in two months time for dates schedule states I have contact, I need an emergency hearing before the court (uk), what form do I need to submit, is it C2?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Order made wand why does your ex wish to change the arrangements
Customer: replied 1 year ago.
the order was made in November 2015, Order states I have every other weekend with specific weekends in schedule. Mother is saying (incorrectly) that I verbally agreed for her to have daughter on my weekend, which is first weekend after Easter in exchange for me getting friday. mother is asking this changes everyone of my alternate weekends including the weekend I am due to fly out on holiday. holiday is non refundable flights.
Expert:  Clare replied 1 year ago.
That is nonsenseWhen is your flight?
Customer: replied 1 year ago.
Yes I know but she does have an excellent barrister that seems to argue anything well, schedule states for me to collect friday 27 May 2016 followed by half of summer half term so flight out is on Sat 28 May and flight back is following tuesday 31 May to drop-off midday on wednesday. but all my weekends up to then change aswell according to her. I've had enough of legal costs and barristers that frankly I think I could argue better. So I will self represent. There is no point having a court order if I can't book a holiday during my time without mother disputing it. I also dont know if there is anything I can do about the continual emails I recieve from the mother with madeup issues, she is now claiming dentist wants food diary that she wants me to keep because of teeth stains which would just give her further ammunition against me.
Expert:  Clare replied 1 year ago.
When should you next have the child under the terms of the Court Order?
Customer: replied 1 year ago.
After dropping daughter off this Sunday I'm next due to see her we'd 13 Apr for my mid week evening access followed by collecting her from school on Fri 15 Apr for my weekend access according to court order but that weekend of 15 Apr mother is claiming I verbally agreed to give it up for good Friday, truth is I was entitle to previous good Friday and previous Thursday (a cool trai ing day which I traded for Sunday collection) as the court stated school training days and bank holidays should allocate to whoever said weekend or holiday they fall. Mother is on holiday with daughter next week so wouldn't be able to serve papers next week
Expert:  Clare replied 1 year ago.
Just checking - at present there has not actually been a breach of the Order?
Customer: replied 1 year ago.
That is correct she has not yet breeched the order, under her revised schedule she will first breach the order on the Friday 15th April if she refuses to let me collect the child from school and then every other weekend she will breach the order again.
Expert:  Clare replied 1 year ago.
In that case I would wait until 15th April and then apply to enforce the Order using a form C79 and ask for an urgent hearing in view of the forthcoming holiday abroad.This would be more effective as otherwise she will no doubt simply say that you have misunderstood what she meant - but once there has been a breach then you have th eevidence of her games.I hope that this is of assistance - please ask if you need further detailsClare
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