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Urgent advice regarding child arrangement order

(10 Posts)
MummyT12 Mon 21-Mar-16 21:32:12

Hi, I have a child arrangement order in place which states that school holidays are to be agreed, say fathers weekend will be extended to or from wednesday. This is how previous holidays have to arranged but now my ex-dp wants to change them which I do not agree with.
Where do I stand? Can I stick to this and contact the police if he doesn't follow it? There is also a restraining order so the police have been involved previously. Thanks

whattodoforthebest2 Mon 21-Mar-16 21:42:27

AFAIK he would have to go back to court to have the terms of the arrangement order altered. If you don't agree to what he is proposing, that's all he can do, unless he can find an alternative you're happy with. Call the police if he turns up outside of the usual arrangement times.

MummyT12 Mon 21-Mar-16 22:03:11

Can I ring them if he doesn't bring him back on the dates and times I have agreed? X

whattodoforthebest2 Mon 21-Mar-16 22:28:20

Yes I think you should, but warn him you intend to do so. If he has any sense he'll stick to the arranged times.

Collaborate Mon 21-Mar-16 22:34:11

No. You'll have to take it back to court urgently for enforcement if he fails to return them.

MummyT12 Mon 21-Mar-16 22:38:05

Thank you. He will return him but only on the dates that suit him and not what I have agreed. Does the same still stand?

Collaborate Tue 22-Mar-16 07:32:02

Yes. If he fails to return them in breach of the order you can take it back to court urgently. Get advice from a solicitor though to ensure such response is proportionate in your case.

MummyT12 Tue 22-Mar-16 07:54:09

Much appreciated.. I will speak to my solicitor today. Thank you

MummyT12 Tue 22-Mar-16 18:17:14

Hi collaborate,
I've got advice from my solicitor and know what to do if he breaches the order. Just one question...
We have a communication book as there is no contact due to the restraining order. In that book he has made it very clear today that he will not be bring my ds home as agreed in court so will be breaching the order. Should I stop contact now as he makes it clear he will not be bringing my ds home when required or wait until the breach is made? This is going to put my ds in a very stressful situation which I'm not willing to let happen. Any advice would be welcomed

Collaborate Wed 23-Mar-16 06:02:34

Speak to your solicitor. They know all the background so can advise you better. Sometimes it can be justified but I simply don't know enough about your case to say one way or the other.

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