Ex and I have had a court order in place for DS who is 2 since January 2019.
The court order states that ex can have 14 additional nights for holiday this year but no more than 4 to be taken consecutively.
This means that ex can use his Saturday / Sunday weekend days plus Friday and Monday to make a four day holiday which only uses 2 holiday days. Essentially, doing it this way, he can have 7 4 day holidays in the year.
He wants to take him every other week from May til August on a four day holiday. I've said I don't think this is suitable. He will be starting a local authority infants nursery school in September and they have been clear that although it's not statutory at this age, they would give the place away to another child if there are absences for anything other than illness. It's highly oversubscribed, and a poor attendance record would also jeopardise his place for reception class.
I offered ex October which he refused, I offered Christmas in the holidays which he also refused. The only way to meet this holiday requirement is by having a four day holiday every other week for three months. Currently, he's never spent more than a night away from me. He's not yet potty trained. His overnight contact with his father won't increase until September this year.
I have now received a rather worrying letter from his solicitor asking me to suggest days for holidays as there is a still a 7 day shortfall from what we have agreed. They are threatening court and making me pay for their costs.
I know I'm obliged to make him available for 14 nights but it's incredibly difficult to accommodate without circumventing the court order and doing something which I don't think is in DS interests.
I'm sure it will go to court if ex doesn't get 14 nights exactly. I really believe I'm not being unduly reasonable and have agreed to some. I can explain that in court but I don't know whether I would look like some kind of restrictive needy parent or whether I would be seen as being practical and doing what is in DS best interest, and accepting that life doesn't always fit in with court orders. I really can't afford to pay his court costs and I don't particularly want to put my son in a position where he's taken away for more nights than he can cope to sit in a field in wales so his father can feel he has his legal entitlement.
Any advice helpful. Thanks
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Holiday court advice
7 replies
SiempreDot · 27/04/2019 21:05
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