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Thank you for your question
My name is Clare
I shall do my best to help you but I need some further informtaion first
What would you like to know?
Are you applying to enforce the existing order - or for a whole new order?
Could you remind me what your actual concerns are please?
My apologies - I meant your concerns about her care of the child (other than around contact)
Have the school raised any concerns?
At this stage try and be focussed one establishing a reliable and enforceable pattern of contact - and to try and save the holiday due next week.
File an urgent on notice application on Monday for a specific issue order allowing you to take the child away next week
This will need your partner to attend court and explain the need for an urgent hearing on 48 hours notice.
If his ex brings up this accusation it is for her to make sense of it given the clear explanation that you have given.
Once you are home then your partner can proceed with the main part of the application to obtain a clear order regarding contact which can be enforced.
At that point and in context he can then raise his concern about the her punishment techniques.
I hope that this is of assistance - please ask if you need further details
Just because she is making false allegations is not a reason for not making the application.
You have done nothing wrong and giving in to her will simply make matters worse.
Of course Social Services have told her that if she has concerns she must take steps to protect her child - what else would they say?
They haven't got time to investigate every accusation that is made - so it is much easier to simply suggest that Contact is kept to a minimum for safety
You deal with this in a robust way and if the police DO call you are polite and pleasant and explain what is happening.
The two applications are included on the same form.
You can refer to the allegations on the form - say that she has made some unfounded allegations based on the fact that the child sat on the bed with you when you were unwell
You apply for both at once
You are asking for a specific issue order allowing you to take the child away from xxxc to xxx and to a Child Arrangement order setting out the ongoing pattern of contact
$8 hours notice
You apply for both at the same time because they are linked and the court is entitled to know that this is about more than just the forth coming holiday.
You DO NOT mention the counselling - that is something to work with the GP or school on
Under the Urgent application you inform them of the date of the holiday and the fact that she has threatened to withdraw her agreement.
I would suggest that your partner emails her tonight confirming that there are two bedrooms at the holiday home and saying that unless you have had confirmation by 10am tomorrow then you will be issuing an applictaion at Court with a view to a hearing date on Wednesday.
No discussion on the stupidity of the allegations - a simple statement and question
Assuming she does not reply then you take a copy of the email -NOTHING else (unless she texts a response)
At 4a you put
a specific issue order allowing you to take the child away from xxxc to xxx "
at 4b you say - she has threatened to refuse to allow the holiday and has refused to confirm via a reply to the attached email
And go for three days - still doable.
Of he goes then he gets her to sign a letter confirming his agreement to the holiday
If she does then do not make the application.
4a - you do not refer to the general Child Arrangements Order as it s not urgent - this page is about the urgent part.
You are asking for a hearing on 48 hours notice - so on Thursday.
An email must be sent tomorrow morning informing her of the fact than an applictaion is being made
You shoudl say that she is aware that you intend to apply and that you will personally serve her that evening.