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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner as a court order in place for his son we have 2

Resolved Question:

My partner as a court order in place for his son we have 2 weeks within the 6 weeks summer holiday to take him on holiday at court his mother asked for a month's notice we let her know 3 months before our holiday and she still refused but eventually let us take him we av just returned from our holiday and while we was away we booked the same holiday for next year as we ad a discount price we have informed my stepson mother of our holiday and she is now saying she will take us back to court we have given her a years notice she originally only asked for a month's notice can she keep doing this to us where do we stand
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
She as been going to a solicitor making changes to the court order is she allowed to do this also we have her solicitor emailing us when my partners ex can't get her own way she brings the solicitor into it the solicitor was not in court when the court order was put in place when we dropped my stepson off today he cried as he did not want to go home with his mammy he often asks us can he live with us and always hates going back to his mum! She also said today when she stopped my partner seeing his son for nearly a year hence why we took it to court to get access he was more settled she doesn't want my partner in his son's life I think this is totally unfair on my stepson who is only 6 years of age
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Despite there being a final order, applications can be made to vary the orders if there has been a change in circumstances or if the arrangements are not in the child's best interests. If the only reason the mother is doing this is to be difficult or to frustrate contact arrangements then an application can be made to enforce the existing order - you have quite a bit of time to ensure that the arrangements go as ordered.

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Customer: replied 1 month ago.
She as involved a solicitor changing certain things in the court order I'm sure she should re apply to the courts to change the court order as the court order as been put in place for a reason she as asked us to give her 24 hour notice on if we break down and can't get to pick my stepson up this is impossible as we don't know if we are going to break down until we are on our way there also she as asked for 3 months notice prior to our holiday arrangement where as she only asked for 1 month in court but we have given her a years notice and yet again she threatens us with court and solicitors