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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1827
Experience:  Dual qualified Solicitor and Attorney
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My ex wife is interpreting our child arrangements order

Customer Question

Hello. My ex wife is interpreting our child arrangements order differently to me and this has lead to me not seeing my kids (who live with both of us) this last weekend.
JA: What steps has your ex-wife taken? Has she filed any papers in family court?
Customer: Yes about a year ago and we now have a court order. That is what we are interpreting differently.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your ex-wife live in?
Customer: It was in Lincoln court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The relevant part of the order says the following, and my ex says that means that I cannot ever have the children 2 weekends in a row. However I read that the "alternating" pattern is suspended for holidays, and as I had the children for the holidays and the term-time pattern continues after the holiday (and I did not have them the weekend before the holiday) I should have had them again. 6. Contact order
1. During the school term-time both the Applicant Mother and Respondent Father
must make sure that the children spend time with each parent as follows:
a. From Monday to Wednesday morning with the Father. The Father shall collect the
children from school on a Monday afternoon.
b. From Wednesday afternoon until Friday with the Mother. The Mother shall collect
the children from school on a Wednesday afternoon.
c. The children shall spend alternating weekends with each parent who shall collect
them from school on Friday and return them to school on Monday.
d. The first weekend of the first week back to school in September each year the
children shall spend with their Mother.
2. During the school holidays the above pattern of contact is suspended in respect of all
three children
Submitted: 10 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 10 days ago.

Hi thank you for your message, you are correct in that as point 2 makes clear during school holidays the contact arrangements are in effect suspended and therefore, you will need to make arrangements between you during the holiday periods. If you cannot come to an arrangement with your ex, then you will need to go back to court to enforce the order and the court can then interpret the order. I hope this helps and would appreciate if you could rate me 5 stars in the top right of your screen and then Just Answer will credit me for my time.

Customer: replied 10 days ago.
She has applied to the court already and is asking them to vary the order. We are due to attend mediation (the adjourned it so we can go to mediation) but mediation is very busy and it will be some time before my first appointment. In the mean time she is breaking the order and I am not sure what if anything I can do about it (now)?
Expert:  Jeremy Aldermartin replied 10 days ago.

Hi thank you for your message, unfortunately the only way to enforce it is via the court process which it would appear has already commenced. You may be able to look into going to private mediation so that you comply with the requirement for mediation and then that might speed things up. I hope this helps and would appreciate if you could rate me 5 stars in the top right of your screen and then Just Answer will credit me for my time.