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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2856
Experience:  Dual qualified Solicitor and Attorney
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There is a court order in place allowing me contact with my

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There is a court order in place allowing me contact with my son. My ex has told me that she is anninf on going on holiday, and has said that she is willing for me to have my son for the period of time she is away (a long weekend) but that I will need to give up other contact time with him as she does not see why she should lose out on contact. I have told her that I am happy to have him while she goes away, but that I do not believe it is fair to give up my regular contact time. She has now told me she will ask her family to babysit instead. Is there anything I can do about this? Does she have to inform me of she is going away and leaving my son with her family?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: There is already a court order in place.
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: West Glamorgan
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I have recently requested extra contact time with my son, she has refused. I have instructed mediators.
Yes she shouldn’t leave your son in the care of her family whilst she is away when she is available. You can also insist on the regular contact and enforce that. Your best bet would be to get an order for your son to be with you when is away and then use that hearing to ask the judge to remind her to comply with the order. You will need to get a specific issue order. A ‘specific issue order’ is used to look at a specific question about how the child is being brought up.
Follow these steps to apply for a court order:
1) Read guidance CB001 on making an application: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1
2) Fill in the C100 court form found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge
3) Send the original form and 3 copies of it to the nearest court that deals with cases involving children, you can find the nearest court here: https://courttribunalfinder.service.gov.uk/search/
It costs £215 to apply for a court order. You may be able to get help with court fees if you’re on benefits or a low income and you can find out more here: https://www.gov.uk/get-help-with-court-fees
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 7 days ago.
Sorry, to clarify, she in not proposing a disruption to the regular contact. She is allowing me to have him on the Saturday, but is planning on using family for the other days she is away.

Hi thank you for your message, did she not indicate that if you had your son for the weekend she was away then you would need to give up other contact time in exchange?

As opposed to you having your son for the weekend and in addition your regular contact so you have extra time with your son?

Customer: replied 7 days ago.
Yes. That is what she has indicated. Court order stipulates I have one long weekend a month, she asked me to swap it. Then told me that I would need to forego my contact time on a Tuesday if I had extra contact time while she was away. I have recently requested an increase in contact time so that it would be 50-50 shared care, she has said no, so I have instructed mediators. I don't know if applying to court now would impact on that.
Customer: replied 7 days ago.
She will not allow me extra contact above the court order, and will often state that she is able to suspend my contact because he lives with her and as such she is allowed to take him away for 4 weeks without my consent. She uses this fact to suspend contact on weekends.

Hi thank you for your message well the alternative to the specific issue order above would be to apply to enforce or vary the order. It is the same process which means the court can enforce the order so she cannot take away any of your time (in exchange for your having your son at the weekend) or vary if they feel you should have more contact.

You will need to fill in this form: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

read the guidance here to assist you: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5

Use form C78 to attach a ‘warning notice’ if your order was made before 8 December 2008. Orders made after this date will already include one: https://www.gov.uk/government/publications/form-c78-application-for-attachment-of-a-warning-notice-to-a-child-arrangements-order

Send it to the court nearest to you that deals with cases involving children, you can find it here: https://courttribunalfinder.service.gov.uk/search/

It costs £215. The court will look at the facts again to see if anything has changed.

Depending on your situation and what you’ve asked the court to decide they might make: an ‘enforcement order’ - this means the ex-partner has to do between 40 and 200 hours of unpaid work, an ‘order for compensation for financial loss’ - this means the ex-partner has to pay back any money you’ve lost because they did not follow the order. You can go back to the court if the ex-partner still does not do as the court ordered. You can also ask the court to vary the order.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 days ago.
To vary a court order do I need mediation first?

No because you already have a court order. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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