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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34384
Experience:  Over twenty-five years experience
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I already have a court order, but wording is not definitive

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I already have a court order, but wording is not definitive and now my ex is arguing holiday arrangements. Where do I stand?
Customer: replied 6 months ago.
This is our current court order.
Customer: replied 6 months ago.
Our five year old son lives with me and his two year old half sister.
His dad collects him and takes him to his house 100 miles away every other weekend.
Customer: replied 6 months ago.
I would like to take my daughter to see her dad (my partner) in America over the summer. (Something we do as often as possible).I asked my ex if he'd like our son for four weeks of the summer holidays to enable my daughter to have some quality time with her family in America.
He refused stating that holidays must be split 50/50, and asking that we do a week here/week there and so on split for the six week holiday.
I clarified that this was not possible, and provided him with the date of the consecutive three weeks he could have our son.He is saying he can not do this as it's unfair on our son and saying he will take me back to court to fight this.
Customer: replied 6 months ago.
However, his first option was for me to take our son with me.
So it's not at all that it's unfair (he tried saying it's not fair for our son to not see either parent for three weeks, something he's done on other occasions).It's that he still can't bare to accept that I have my own life and have succeeded without him.
Customer: replied 6 months ago.
I am always fair, and alter my plans to fit in with his requests. There has been one time in three years when I have denied a requested schedule change, and I already had plans that weekend (which was my weekend anyway and he wanted to swap).
Customer: replied 6 months ago.
I can not keep putting mine and my daughters life on hold for my ex's sake.If I honestly felt this would be detrimental for my son, I would never even have suggested it, but he has a family at his dad's too, and would thoroughly enjoy having time with them.

I am afraid that if you can not agree this between you then you will in fact have to take the matter back to court for a specific issue order on this one issue. The court will consider the merits of the holiday and determine whether to allow this holiday.

Customer: replied 6 months ago.
even though the order is to split holidays, which I've done, and even though there is no problem with our son spending three weeks away, as he's done on other occasions, and even though I'm the resident parent... I still can't get on with my life, including making decisions that benefit both my children.Would legal representation be advisable in this instance? I assume this is not something I would qualify for legal aid over?

This is sadly not something which legal aid would usually cover. Happy to discuss and please rate positive.

Hello I see that you have looked at the answer. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 6 months ago.
My apologies, I got called away.
Still processing and trying to figure out how to move forward.
Thank you.

My pleasure

Thomas Judge and other Family Law Specialists are ready to help you

Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks