Hi, I’m Lea and I will be assisting you with your query today.
I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. The best advice you have in the circumstances is the advice that your solicitor has given you, as they know all the details of the case, know what error in law you are appealing and can make an assessment on whether if that error of law is upheld by the appeal court, that it will affect the current order. In light of that, if your solicitor is stating that you should not commence the additional nights, then do that. However, what you do have to realise is that until or unless the appeal court stays the current order, it is in force, which means that the other parent can take the children and keep them for whatever dates are ordered in that order. It also means that if you do take your solicitor's advice and do not permit the contact to take place that you are in breach of the order.
This all hinges on whether or not the appeal court will stay the order that you wish to appeal - since the appeal was put in more than two weeks ago, your solicitor could try chasing it up with the court to find out when the matter will be heard.
If the order is not stayed until the appeal takes place, then the order made stands and you will be in breach of it if the pattern of contact defined in it doesn't take place. You will need to weigh up, with your solicitors help, whether your appeal grounds would qualify as a reasonable excuse for breaching the order.
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