Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea and I have reviewed your query.
Can you attach a copy of the court order please.
Please read the following:
I have just read the order and it is clear that in the event that there are no arrangements for holidays that the normal term time pattern shall resume.
In that respect, the request for the contact to remain as normal is in line with the order. If you would still like the time that you have booked off, then you should negotiate with the father, and if he is not in agreement, your option is to apply to the court to continue to have the time that was agreed and booked, even though you are no longer going abroad.
Can I clarify anything for you about my response?
Different lawyers have different approaches - some follow their client's instructions to the letter, and I suspect that is what the father's solicitor has done in this instance, as if he had asked me for guidance I would have advised him to just leave the holiday as it was as his son would enjoy the extra time with his mother regardless of if the holiday was at home or abroad.
The difficulty is that the order is very clear that if there is no overseas holiday then the matter reverts to standard contact.
It states the holidays should be agreed between you, and if not, revert to the order - see 1(J) of the order.
See 1(O) of the order - it says in the event nothing is booked it reverts to the order. There would be the possibility of arguing that the holiday is in fact booked and therefore you are entitled to take it as a holiday whether you will be going abroad or not.
As I said, I think the solicitor should have taken a pragmatic view and advised the father not to make a fuss about it.
I think you should probably insist on taking the holiday - and if the father won't agree, then go to court to ask for clarification.
It is entirely reasonable for you to want to take a two week period of time for holidays with your child - none of us are enjoying this pandemic, so having some special time together is important.
You could point out that breach to his solicitor when you state that the holiday is booked and where the holiday takes place is immaterial at this stage.
You're very welcome.
I hope you get this resolved - be firm, but reasonable when you respond to the solicitor.
I don't think being antagonistic or critical of the other party in a case is conducive in family cases, but some lawyers seem to think that being aggressive is helping their client - from my point of view it just keeps the parties at loggerheads with each other when they should be concentrating on co-parenting.
Feel free to tell her that you will not respond to any of her unnecessary comments and stick only to the relevant parts of discussion about the child.
I have no access to email you - but you can cut and paste the responses into word, or log into your account and access any questions from there.
I'd appreciate if you could kindly take a moment to rate positively as that is how I am paid for assisting you today - thank you!
The five stars to rate are at the top of your screen.
All the best to you.