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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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We have a shared residen order in which his contact times are

Customer Question

We have a shared residen order in which his contact times are defined. We are meant to devied the xmas holidays 50/50 and alternate xmas contact. This year there are 16 days of holidays , giving each of us 8 days. My ex husband now wants the extra night at the end of the first 8 days. I have said no to it , as last year he had the children for that extra night and given his defined contact sarting time , his contact should comence at 1am in the morning, if we apply the court order.He has now asked her school to give him permission to keep her out of school for her first day back to school. Her first day back to school is a monday and is not a contact day for him as per our court order. Can he just extend his holiday contact and keep our children for an extra day on a non contact day ?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow old are the children and how many nights will you each have over the holiday?
Customer: replied 1 year ago.
Our oldes daughter is 8years old and our jungest is 3 years old. The court order states that the xmas holiday's should be devieded into two equal tranches and shall be alternated every year. The first day of the hisholidays contact should start at 1pm that day. Last year he had the first tranch starting on the 20th of December at 1pm and ending on the 28th at 1pm. This year the holidays start on the 19th of Decemberand finishing on the 3rd of January. This maens 16 days to be deveided 50/50. We should therfore both have 8 days with the children. I said my tranch this year starts on the 19th and finishes on the the 26th. His starts on the 27th until the 3rd of January , giving both of us 8 day's. I said I was happy for him to collect the children as early as 8am on the 27th giving him 8 full days. Last years xmas holidays where arranged through solicitors and I was told that since I had given him the extra night/ contact time last year , the same would be aplied when I had the first tranch.
Expert:  Clare replied 1 year ago.
So in fact he is asking to have the children from 1pm on Boxing day is that correct?
Customer: replied 1 year ago.
He now wants to collect the children on the 26th at 4pm, which is clearly my day with the children.
Expert:  Clare replied 1 year ago.
Is he aiming to take them away - is that why he is asking for the Monday?
Where should the children be the night before school starts?
Customer: replied 1 year ago.
He has not informed me of any plans to take them away. He does know I will be taking the children to germany for xmas with my parents. The court order does not define a finish time to his holiday contact time. The court ordere only defines his weekend contact time's. They start at 4pm on a friday and finish at 6pm on a sunday. The children live we me during the week and he gets phone contact on a Tuesday between 3,30pm and 4,30pm and has midweek contact on a Wednesday from 3pm to 6pm. During this time he has to provied them with dinner. Monday's are not his contact day's. The children have always spend the night from a Sunday to Monday with me at home.
Customer: replied 1 year ago.
His weekend contact is evey second and fourth weekend in a month.
Customer: replied 1 year ago.
Are you still there Clare ?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Sorry I didnt mean to request this call abck service. My screen was about to go blank , hench I just touched the screen . Unfortunately in the wrong place. I am happy to recieve your email answer.
Customer: replied 1 year ago.
I have not received an answer to my question yet Clare. Are you still there ?

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