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Hi, thank you for your question. You are correct in that you cannot apply to enforce the order unless there has been a breach of the order. If the mother seeks to change the arrangements detailed in the order she will need to apply formally to court to vary the order. If she breaches it you must pursue a formal application and a letter to court will not be sufficient.
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My name is ***** ***** I have been a solicitor for more than 35 years.
If you are aware that your ex does not intend to stick to the order then the way forward is to apply to the court for a Specific Issue Order regarding the half term holiday.
I appreciate that this looks like a superfluous applictaion but it does mean that the issue can be discussed in advance and your ex can be made to understand the risks she is running in trying to decrease contact in this way.
However if the issue is that she wishes to take the children away next February then only make the application if she is also refusing to replace the days at another time.
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