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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
A court order is a court order. They are not simply a guide that a person can choose to ignore if not suitable to them, or inconvenient to them.
They must either abide by the court order, or, apply to the court for the order to be amended.
No, not at all. It may be acceptable for the odd occasion. But, is she is unable to follow a court order that is made, then she must take the appropriate action to have the order amended. She cannot simply break the court order because it suits her personal situation and life.
Then as you have applied to the court, unfortunately it is a case of waiting for the court date. Keep a detailed record of every event she creates breaking the order, and her controlling nature. That can be presented to the court.
Can I assist or clarify anything further?
I fully understand.
Only the court are going to be able to resolve this.
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The court will certainly tell her the order is not there for her to simply ignore when she choses to. They may amend the order if she gives good enough reasons.
The contingency is that you can apply to the court if she continues what she is doing.
Your welcome, good luck.
Do you mean go on holiday without them?
That would be because the court would not deal with when you can go away by yourself.
They are only interested in the child arrangements.
Go away when you don't have the children. Or, negotiate with the other parent if you would like them to have the children at a time you would normally have them.
Not if you are going away during the time that you would not have the children.
But if you plan to go away when you would have them then of course you need to agree that, after all it would be interfering with her time when she would not have the children.
Sorry to hear this is happening, really you need to get yourself a family law solicitor and get the matter back into court for the court to resolve the issues, clearly they will not be sorted between the two of you.