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Category: Law
Satisfied Customers: 33537
Experience:  Barrister at Self Employed Barrister
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My fiance and I have a court order in place that forms

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My fiance and I have a court order in place that forms an agreement for access to my stepdaughter (my fiances daughter). In the order we have been granted; Every other weekend collecting from school on a Friday until Sunday evening. then every other Wednesday atfer school overnight and we take her to school on the Thursday morning. our issue now is the mother has booked a holiday from the 23rd October for 1 week which is the weekend we are due to have our daughter. this has happened on a number of occasions where the mother will just deny us the times and days agreed at court. She sent a text to inform us of the holiday yesterday and we have not yet replied because we dont know how to. Can you offer any help?
Thank you
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How many days have been lost in this way in the last six months - is any alternative contact offered?
Customer: replied 2 years ago.
over the past 6 months we have mutually agreed alternate contact on approximately 6 or 7 occasions. We are never consulted beforehand but we do request that if time is taken from us that we can claim it back on other occasions. We dont have an issue with this if we are consulted in advance where possible as we of course make plans for us to visit friends and relatives etc during the time we know we have our daughter with us. on most of these occasions if not all we are not consulted but told. and we have been walking egg shells for far too long now as she has in the past stopped access altogether but this was prior to the court order, and we are scared she will do the same again.Debby
Dear Debbie,You have the benefit of a court order and as such you can apply to the court for an enforcement of the court order if it is not be complied with. The court are taking enforcement quite seriously these days and as such you should enforce the order. I attach herewith the form which you would need to use to bring this matter to court - to discuss. Please rate positive
I hope that this helps - please rate positive - thanks
Category: Law
Satisfied Customers: 33537
Experience: Barrister at Self Employed Barrister
ivorylounge and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much it looks exactly what we need. We will be applying for the enforcement order quickly. In the meantime can the mother take our daughter out of the country as she has told us she is taking her out of the country over the period according to the court we should be having our daughter with us.
The hardest part of dealing with Family law matters is not knowing which forms to fill in - it is knowing what the attitude of the court to any applictaion is likely to be and thus what action to take at which point
From what you have said you have not yet protested the approach taken by the mother - and there has been a pattern of her "making good" time lost - but with you - quite rightly finding the dictatorial approach unhelpful.
had I not been spending the day facilitating ocntact I would have asked whether or not you also have half of the school holidays - because if not then rather than simply applying to enforce the existing order it could be more sensible to start the process of mediation so that your partner can apply for a new Child Arrangement Order giving him half of all school holidays meaning that his ex HAS to negotiate all holidays with him.
Within the process it could also be made clear to her that she doe snot have the power to dictate what happens when - it is a matter of negotiation between her and your partner
If the mother has an Order stating the child lives with her then she is allowed to take the child out of the country for up to 28 days without your partner's permission.
If not then technically your partner could apply for an Order preventing the holiday - although doing so is NOT likely to get the sympathy of the court I am afraid
At this stage - if you were my clients - I would be suggesting that you write and express your concerns about the short notice and the fact that you had already made plans, but agreeing, albeit reluctantly , to the holiday - whilst requesting extra time during the forth coming Christmas holidays.
I woudl also say that your partner will be making a mediation appointment so that the issue scan be debated WITHOUT recourse to an enforcement application.