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marcusmalin
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I have made application for a specific issue. My ex has a

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I have made application for a specific issue. My ex has a obstructed my child arrangement more times than I can count, the last time I was in court I applied to enforce but the judge adjourned the enforcement with liberty to restore in the event obstruction persists.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: In my order it says I can take my son away for 7 days from this year, I tried to take him away but mother wanted to go away that week, I could not arrange another time so I want to take my 7 days between xmas day and New Year’s Day.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I have him already from 25th 4pm to 26 4pm, then bring home for 18 hours then it’s my time for 3 days as per child arrangement order, I want to keep him a further 4 days to spend time with sibling.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: She’s saying no, stipulation of the order says I can take my time as long as I give 4 weeks notice which I have done and she’s still being difficult...

Hello, my name is Marcus.

Technically you need to apply to vary the Child Arrangement Order in respect of the Christmas period for the additional time.

It maybe sensible to define as much as the order you can going forward to prevent any difficulties with agreeing future contact.

Has your application been issued yet?

Thank you.

Marcus.

Customer: replied 14 days ago.
Yes the issue is scheduled for 45 mins this fridays
I don’t want to vary the order at this stage because it’s a much longer process which won’t be dealt with before xmas, all I want at this stage is to take the 7 days holiday I’m due. It does not interrupt with mums arranged time over xmas.
Customer: replied 14 days ago.
The order says mum has son till 4pm xmas day, I’m looking to take him at 4 pm as scheduled but keep him the additional time to spend time with siblings
Customer: replied 14 days ago.
Instead of bringing him back next day as outlined in order

There is no reason why you cannot agree to define the order on Friday by agreement.

What you are asking for is quite reasonable I would suspect a judge would agree.

Thank you.

Marcus.

Customer: replied 14 days ago.
To say she’s difficult is an understatement. She is going to say holiday plans, other family, blah blah blah...
Customer: replied 14 days ago.
Fingers crossed

I am sure you can anticipate what she is likely to say.

Over the last 25 years of practice I have heard pretty much everything.

What court are you before?

 

Customer: replied 14 days ago.
Aldershot

Sadly that is not a court that I am familiar with. You just need a tough judge who is scared of making the right decisions.

Thank you.

Marcus.

Customer: replied 14 days ago.
The last just was a real pussy... excuse my language... made some ridiculous decisions... I either get xmas eve 4pm till 12 xmas day (less than 24 hours) alternate with pick up xmas day 4pm to 4pm Boxing Day... (24 hours) so I never get him between 12 and 4pm xmas day
Customer: replied 14 days ago.
Anyway thanks

Sadly some judges can be a little weak and try to keep everyone happy rather than make the right decision.

I hope all goes well for you.

 

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