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Residence & contact order sand holiday

  • WhiteRose
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22 Jul 14 #440280 by WhiteRose
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shooby337 wrote:

Well that''s ridiculous expecting someone to just have a 5 day holiday !


I thought your original post said your ex had alternate weekends (Saturday/Sundays) So if you took your child away when he returned from seeing your ex that would give you a 12 day window to take your child on holiday. Or have I misunderstood.

WR

  • Forseti
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22 Jul 14 #440281 by Forseti
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Unfortunately if you surrender your parental responsibility to the court and ask them to resolve issues which normally parents are able to resolve themselves, you have to abide by what they order, or you end up in breach of the order and in contempt of court.

What courts order is very unlikely to suit either parent perfectly, but it is intended to be what is best for the child. It really is always better to stay out of court, but sometimes the behaviour of one (or both) parents makes that impossible.

The best you can do is apply for a variation of the order or a specific issue to allow for a longer holiday.

  • maccy2
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22 Jul 14 #440287 by maccy2
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Many court orders include a clause for ''any extra contact as agreed''. This suggests that the courts expect parents to be reasonable and make arrangements flexible where necessary. I know that not all parents can do this, but it should be worth a go!

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22 Jul 14 #440297 by maisymoos
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WhiteRose wrote:

shooby337 wrote:

Well that''s ridiculous expecting someone to just have a 5 day holiday !


I thought your original post said your ex had alternate weekends (Saturday/Sundays) So if you took your child away when he returned from seeing your ex that would give you a 12 day window to take your child on holiday. Or have I misunderstood.

WR


Perhaps the OP can qualify this I read it that one week she has a Saturday and the next a Sunday?

  • shooby337
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22 Jul 14 #440306 by shooby337
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No she has him one day every weekend, so it gives no opportunity for anyone to tAke him away for a weekend or a week.

Therefore she has him Saturday week 1, then Sunday week 2, then back to Saturday the following week and do on. Therefore he can not go in holiday at all.

  • Fiona
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22 Jul 14 #440320 by Fiona
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YOu need to try to negotiate agreement from your ex to change court ordered contact. DOes she not want to take the children away on a week''s holiday at some point?

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