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Specific Issues Order app contradicts Court Order

  • Sparkles
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31 May 10 #206656 by Sparkles
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Probably a strange question, but I hope someone can help.

Ex lives overseas, I have court ordered sole res. Ex has to give 3 months notice of travel details when he wishes to take littlesparkles abroad although he at liberty to do. He has failed (despite me asking for dates and trying to make arrangements) to do so and is now therefore taking me to Court with a specific issues order to allow contact to take place abroad with less than 3 months notice (ie both periods of summer holiday contact)

Given the three months notice is Court Ordered (Judge added it, I didn't ask for it) how likely is it that that part of the Court Order will be over ruled at the direction hearing? - Doesn't that make it a kind of roundabout way to appeal the judges ruling ?

I understand I may be asked by the Judge to compromise but given this is the thrid time (in 3 contacts) this happened it does rather seem as though my ex is applying the court order to suit himself (ie not allowing littlesparkles any contact outside the court ordered 30 minutes per week) but then not paying attention to the bits that don't suit him.

I'm self repping so any advice would be welcome. Incidentally I have not said contact can't go ahead, just that the Court Order says it can't take place abroad.

Thanks in advance
xS

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31 May 10 #206660 by Ursa Major
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Sparkles

As the Judge ordered the three months notice for contact abroad of his own volition, how much notice do you think it is reasonable for your ex to give you?

Is little-sparkles (great name btw!) at school or in nursery? Would she be going to a country that requires injections a number of weeks before she goes, or visas that have to be applied for months in advance? Do you have to give your child-minder a months notice that she is not required or pay her anyway etc?

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31 May 10 #206662 by Sparkles
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Thanks Ursa,
I feel that since my ex has known about this since December he's already had plenty of time to comply. He's done this for every contact visit so far and it's basically down to power games....rant over...

It's his european home country so no injections needed

littlesparkles goes to Nursery so that has to be paid regardless. And would regardless of the amount of notice I had.

I do understand where you're coming from (I think, that I can be as reasonable as I like over and above the court order, but surely that goes both ways. last contact visit ex refused to even discuss how he would be bringing littlesparkles home after all the planes got cancelled due to the volcano) I just sometimes despair of how we are going to move this forward *having a low day*

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