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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner has been to court today, he did have an in force

Customer Question

My partner has been to court today, he did have an in force ment order to see his children on his 4 days off picking them up at 2pm. The courts have commented on his ex partner not communicating with my partner and an agreement was made that he now gets the boys at 4.30pm instead of 2pm due to his shift pattern. He mentioned we were taking the boys away and would like to collect the boys earlier around 9am, which she has made difficult refusing this going again what the judge had advice, which was being flexible and coming to an agreement between themselves. They left court with a plan that the court order would be flexible around drop off and pick ups of the boys. On returning home and him collecting the children she has now refused this and will not allow my partner to collect the children earlier which will affect the boys holiday with there dad. I also booked a suppress holiday for my partner for Oct and this was also discussed she is now telling him he will not be able to go unless he finds childcare for the 4 days he is supposed to have them. We wanted to take the boys on holiday with us but she refused when asked. Who do I need to contact to ensure my partner can collect the boys for 9am next Fri for there 1st holiday if she continues to refuse. Thank you
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
This has been going on for over a year and he has been to and from court numerous times. She has breached the court order on several occasions resulting in my partner being refused access to the boys by her.
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Unfortunately if she is not complying with the court order he would need to apply again for an enforcement order using form C79 and a £155 court fee for this.

In relation to the travel abroad, as the mother will have parental responsibility she needs to provide consent for the trip, which cannot be unreasonably withheld, and if it is then he will need to apply to court using C100 and a £215 court fee for a specific issue order to the children's local family court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.