Welcome to Just Answer
I am a Solicitor and will assist you today.
I am sorry to hear about the problems that your partner is having with the mother of his son.
Please may I ask:
- how old is his son?
- are there any court orders aready in place?
- how long has the curren routine been in place?
Thank you for clarifying that for me.
It is the position of the family courts that it a child right to have a good relationship with both of their parents unless there are child protection concerns. Going on holiday as a couple is not such a reason and appears to be more one of jealousy by the mother, especially given the length of time that the current routine has been in place.
If the mother does decide to follow through with such threats then your partner needs to make an appication to the family court for a child arrangement order. This is an order that stipulates the time that Ashton gets to spend with his dad.
The first step you would need to take is to refer to family mediation. If you do not do this then the court will reject the application.
There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball roling.
If mediation doesnt reach agreement - or the mother wont engage - then the mediator will sign the family that you need to apply to court.
The Form is the C100. There is a court fee payable of £215 at the start of the application - then no other court fees.
The current routine is not unreasonable and a court would likely order in line with this.
It is worth letting the mother know that you will take this course of action if she decides to be difficult.
let me know if I can help you further.
Please kindly remember to star rate our service so that we receive credit for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free.
I have sent this - but will copy and paste again for you.
let me know if I can hlep you further
Glad I could help. Its not fair on Ashton for her to be acting this way. If you could kindly star rate my help Id be grateful otherwise we receive no credit for our service.
Not bother at all - happy to help.
Your still going to have to apply to mediation otherwise the court will reject your application. If the mother doesnt engage at mediation the medaitor will sign the form - then you can apply to court.
It is very unfair - the mother ceasing a long standing arrangement for no reason and its certainly not it Ashton's best interest to be denied a relationship with his dad.
Ps - as you have already left a positive rating - if you need any follow up advice - use this thread and I can answer them for free for you.
The answer you seek is no - there is no law that would make Richard have to take unpaid time off to care for his son in the summer holidays. Nobody can make him do this. If he was employed then its likley Richard would want this time with Ashton - but if its not possible then nobody can make this happen.
Apologising about the holiday - seems somewhat unfair and is not an issue of child protection concenrs - so its worth keeping these text messages to show a court in future - if the mother stops contact on this basis.
Hopefully the mother will come to her senses - although it seems as though she is a bit bitter right now.
I am glad that I have helped reassure you.
Just let me know if I can assist you further - as I'd be more than happy too.