I have a contact order in place that was made in December 2009. I am due in court again in September as I have applied for more contact and Cafcass have agreed with me but my ex is contesting this.
As it stands the order states I have a 7 day holiday in the summer with my daughter in the UK and I give the ex 1 months notice.
I spoke to my ex at drop off a month ago and told her I wanted to take my daughter away the last week of the school holidays. She said this was fine.
I then put this in the communications book we have on 7th August.
She then gave the book to her solicitors and returned it to me on 16th August saying sorry my daughter is too busy so I can see her for a few hours on the Monday, Wednesday, and a few hours on the following Monday!!
So she won''t be staying overnight at all and we won''t be able to go away!!
I know why she has done this! We are in court as I want to be able to take my 6 year old abroad and CAFCASS have agreed with this but said I need a 7 day holiday in the UK this year to build up to it and then 7 day abroad next year. So the ex has tried to stop this holiday so we won''t get to go abroad next year. She is really against me taking her abroad.
Where does this leave me? She is claiming I didn''t give her 1 months notice. I did but it was verbal as I didn''t think there would be a problem but then on 7th August at court she was nasty again so I put it in the book to confirm the dates!
She has not offered any alternative nights!
Do I need to apply for an enforcement order? How long do these take?
As the case is currently open as we are back in court at the end of September do I just need to call the courts and tell them what has happened?
If it were me I''d go down the court in the morning explain the situation and ask to speak to the judge, you may have to wait around but it''s worth it. Take the order with you.
From what you''ve said I can''t see that the judge will refuse it and I''m sure they would order that your child is allowed to go. I''d also write to her solicitor explaining that you will seek an emergency hearing and an order for costs. I don''t think the judge will be impressed with her or her solicitor if they are encouraging her to break an existing order.
It is in your childs best interests to have a holiday with you I''m sure, your ex sounds like a lot of others, I''m not saying you''re not, but stand up to her now or it''ll get worse.