Child arrangements order and ex is still trying it on.. Can she do this?

[CinnamonAndSpice]

So dp took him ex to court, which he was granted extra EOW time plus additional school holiday time. Fantastic.. Or so we thought. The court order states the basics. 5 nights in summer x 2 etc.time at Xmas, easter etc.
In court the judge said to dp to notify his ex when he can get time off. Which he has. He knows its not the week she is taking his dad away. So therefore should be no reason as to why she says no.
Anyway she is trying to say she's booked her holiday club.. We've looked on the website and they only take bookings as far in advance as February.. So she's lied.
She has given one week he can have her but he can't get that time off work. Which he explained.. However they are off for 6 weeks so she's making it difficult

He has now txt and said I will be picking dd up on ( Sunday x date at 7pm) and I will return her on ( Sunday x date at 6pm) she said no you wont I'm seeing my solicitor!

So therefore she is breaching the court order. So hat does he do.. Turn up then if she don't comply then call police.?as he's given 9 months notice so not unreasonable?

What can a solicitor do?

Eden with Easter she's trying to dictate a late pick up on a Monday on collection and early drop at end of week. So therefore loses time with her.

[CinnamonAndSpice]

*his dd away

[AllIwantforchristmas2017]

If it is for the summer holidays (6 weeks) then she hasn’t broken the court order because she hasn’t yet denied the actual contact.
There is plenty of time between now and then to resolve this.

[prh47bridge]

The police won't get involved. This is a civil matter, not a criminal one. However, if she refuses to comply with the order he can apply to have it enforced. Insisting on contact taking place at a time when she knows he is not available is a clear attempt to frustrate contact. The courts have a range of enforcement measures available. Unfortunately he may have a long battle before the courts do anything effective as they tend to give the resident parent multiple chances to comply before taking action.

If she does see a solicitor she could get them to write a letter but a solicitor's letter is not enforceable. She could go back to court to try and get the order varied.

It might be a good idea for your dp to see a solicitor himself. She might take notice if a solicitor warns her that she will face legal action if she does not comply with the order.

[CinnamonAndSpice]

But she is refusing access as has deliberately said he can only have her the week she can't get off work. Her txt outright said Imhe is NOT having her on any week he can get off.

[MrsBertBibby]

It sounds to me as if he will need to take it back to court for the dates to be defined. In the face of a text as clear as that, it should be fine.

Talk to the solicitor first, though as they know the detail and the order.

[MrsPotts17]

It sounds like shs is trying to be difficult deliberately and using your partner's employment holiday issues to her advantage. This only serves to spite the child and is not beneficial to them.

I think the best course of action would be to speak to a solicitor and have a letter sent reminding her of her obligations to comply with a court order. If that does not work then he will probably have to complete a C79 to have the order enforced in court.

[MidniteScribbler]

I think you need to go back and have the actual dates clarified. It does sound like she's being obstructive, but to be honest, I would not like to have my own summer plans dictated by my ex's work choices. You're essentially expecting her to wait to make plans until he sorts out his work holidays. It's almost saying that his time is more important than hers. Most people have something like 'the first week of school holidays and the fourth week of school holidays, from Sunday 5pm to the following Friday 5pm' or something like that so that it is very clear who gets which week, and then it is up to the parties to organise their own work and holiday schedules around that.

[CinnamonAndSpice]

He tried that in court and she refused. She said she would comply with thee dates he gave..
Two months later and she refused. We know she's away a certain week. Which is fine he wouldn't get in the way of that. But he's given plenty of notice. He explained in court that he cant always be guaranteed certain weeks etc and that of needed his dd would stay with me an odd day and they said no she will have to agree providing it didn't clash with her yearly holiday but it don't.
We've ordered transcript now and emailed the court to make the order more specific if possible

[prh47bridge]

The court won't alter the order in response to an email. You partner needs to apply for the order to be varied.