How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33533
Experience:  Over twenty-five years experience
Type Your Family Law Question Here...
Thomas Judge is online now

I have a recent court order giving me (father): two weeks in

This answer was rated:

I have a recent court order giving me (father): two weeks in summer, alternating autumn and spring half-terms, half of easter and every other weekend and every Wednesday evening.
Since my contact order is fairly typical, what access should I have during the 6 weeks summer holidays when its not my two weeks i.e the other 4 weeks. Should it be no access as the mother is currently imposing or every other weekend and wednesday evening as per non holiday time? Four weeks without seeing my daughter can't be right, what do you think, shall I go back to court and if so what shall I seek in the c100 form?
It rather depends on what the order says precisely. If the order does not state that summer holidays take precedence over other holidays then there is a good argument that you are still entitled to your weekends - although usually the intention of summer holidays is that you only have your summer weeks and then matters revert back to normal in term time. This allows you both to have a long holiday with the child.
I note that there is a second question - but you might want to give me your thoughts first
Customer: replied 2 years ago.
The order states for that I am to have 'every other Wednesday from 4pm to 6.30pm' under a heading of arrangements for 'child's name', and then under a heading of holidays that 'The father to have two weeks in the summer'. There is no mention of the mother's holidays. Four weeks without contact can't be good for the child.
I presume that at the top of the child arrangement order it states that the child lives with the mother and hence the reason it does not set out her contact. The court would normally split holidays on a 50-50 basis - allowing each to potentially take the child away - that is very common. But the court would often allow additional indirect contact by way of facetime/skype/telepone during the absent time and that may well be worth the application if this can not be agreed.
Customer: replied 2 years ago.
no it does not stipulate anywhere that the child lives with the mother. Should I submit a c100 and what should I ask for, should I ask for 2 weeks holiday each in summer, or can the existing wording stand?
I would consider actually asking for half of all holidays in the order. I would also then suggest that the parent with out contact during the summer holiday has some indirect contact as well. This would be by way of a new application and thus a C100.Please remember to rate
Thomas Judge and 2 other Family Law Specialists are ready to help you