totally agree with Mumblechum (waves from behind temporary namechange) clam it will take a week or so to get application issued and then will be listed for a hearing. This could be anything from 1 to 3 months away depending on listing. If your OH and his ex cannot agree, CAFCASS may be asked to prepare a report. This takes 12 weeks, sometimes much much longer. Therefore, unless they can reach an agreement now, he may be best thinking of issuing sooner rather than later
I would always suggest trying to resolve things amicably before issuing proceedings.
OP it can take a long time to sort out any kind of contact through the courts, and it can be expensive for both sides.
Why is your partner not agreeable to the children having Christmas at her ex's? Are there any issues of abuse to the children from the ex? If not it might be better to allow it.
My exh and I had an agreement where I had our DS one Christmas and he had our ds the next Christmas. This has only changed because we are currently residing overseas and DS does not want to go back on his own very much.
OP sorry, just realised that your partner is the one (presumably) with the residence of the child and presumably is not happy for her ex to have him over christmas? How old is the boy and what has happened previous years.
Most divorced/separated couples fall into the alternate year pattern, one having child(ren) christmas (and a few days before and after perhaps depending on logistics ect)and the other having new year.
Is is not possible that your partner will agree to some christmas contact? It seems a little unfair if not unless there are specific reasons that you have not meantioned. It is sometimes possible to get an emergency application before the court nearer the time but to be honest, it is best to sort sooner rather than later and if your partner's ex seeks legal advice he may well be advised to issue an application in the very near future if agreement can not be reached.
mumblechum I hope so, I have tried warning him but you know what these dam teenagers are like, they just don't listen. I have however steered him away from crime and family. Apparently he is going to be a hugely successful barrister in the city and will ensure that I am in one of the best (why not THE best?) old peoples homes and won't have to worry about living my last years on cat food
If self representing it would be ... £200 to apply to court for the application. Then depending on mediation costs, if mediation is ordered first.
They would do so much better either agreeing something between them or going straight to mediation themselves. Going to court only to organise Christmas access seems crazy. It'll be Christmas before anything is sorted!