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urgent advice needed please

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03 Aug 12 #347157 by survive
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Hi wiki''s,

Some of you may remember my post about a problem with agrreing school holiday dates, back at the end of June.

This finally got agreed, by e.mail.

Children were due to be collected today by their dad at 10 a.m. (I had text dad last last and said I could drop them off at 10 the next day, but he said no, whoever has them is the one who should pick them and he would pick them up, I said ok fine)

Dad failed to show today
Text him to say children were waiting - no response
text again to say if he wasn''t goiung to come or be late if he could let us know - no response.
Phone him and he said he would not be picking them up intil 10 a.m Sat.

I said this had all been agreed in email and that I had booked a holiday around this with them, due to be picking them up 10 a.m next Fri. I even ofered he could pick the children up later for the night if he made an error
He said no
We had an argument over the phone!
I then text him to ask if was allowing me to collect the children at 10 a.m next Friday or I would have to apply to court
He said he would let me know
I asked if he could let me know asap, incase I need to apply for court

No response for 3 hours


help..... now what?
Everything is a battle

Survive

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03 Aug 12 #347163 by survive
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bump

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03 Aug 12 #347165 by Chained
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I am a bit confused and I am sorry.

Where are the children as we speak?

When was he supposed to pick them up?

When will you go on holiday with them?

IS there a Contact Order or is it an agreement between you two?

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03 Aug 12 #347166 by survive
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Children are with me
he was supposed to pick them up at 10 aa.m today for a week, with me collecting them next Friday from him for a week

Holiday booked next Friday to Friday

Yes to contact order stating half of all holidays, dates to be agreed between parties


This was agreed, after some hassle prior to start of school holidays, via e mail

Survive

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03 Aug 12 #347170 by Chained
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I do not know your situation but it seems that you need a defined contact order so that issues like this do not arise.

I would go for an interim order to be allowed to pick your children up next Friday at 10a. so that you all can go and enjoy the holiday you have planned.

Gather all evidence you have about your agreement with the father, your plans for the holiday and the problem that arose and go to court first things Monday morning.

At least, this is what I would do, no matter if he said I could come and pick your child up 10am next Friday or not. I wouldn''t trust him.

Best of luck.

C.

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03 Aug 12 #347171 by survive
Reply from survive
o.k thanks, how do I get an urgent interim order? I am SR with regards to children, do I have to phone the court? I don''t know how to start the wheels in motion

Survive

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03 Aug 12 #347172 by Chained
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I cannot help you with this, unfortunately.

I am certain someone else with experience will be able to, shortly.

It is a shame people can be like that.

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