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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To wonder what to do in this situation?

13 replies

IHaveBeenFallingFor30Minutes · 21/01/2022 23:54

Mainly posting in AIBU for traffic Blush

Ex and I have Child Arrangement Order in place.

He asked to vary it and I said no as it involved him taking DC out of school for a week. Ex has now said he doesn't care and will be removing him and keeping him for 9 days. I have said I don't agree with this and that he is breaching the court order and will be in contempt of court.

I have applied to vary the court order (due to him relocating the current order was untenable) and for a prohibited steps order but if he ignores all this, what do I do? I don't want him taking DC for that long.

Sorry for the ramble!

OP posts:
DiddyHeck · 22/01/2022 00:29

Why does he want to take them out of school for a week?

Stompythedinosaur · 22/01/2022 00:41

I think you need the advice of a solicitor.

Dillydollydingdong · 22/01/2022 00:49

If you get the prohibited steps order just tell him you'll call the police if he goes ahead against the terms of the order.

Musicalmaestro · 22/01/2022 02:50

Presumably he wants to take the child on holiday?
I guess it depends on age of child, how good their relationship is, and whether you trust your ex to be a responsible parent.

Original poster
IHaveBeenFallingFor30Minutes · 22/01/2022 09:35

DC is in year 6. Teacher is saying he can have two days which I agree with.

Basically I want to know what to do when he breaches the agreed order. It's not a police problem and I don't have the money for a solicitor.

OP posts:
Original poster
IHaveBeenFallingFor30Minutes · 22/01/2022 09:36

No, he doesn't want to take DC on holiday.

OP posts:
RedCandyApple · 22/01/2022 09:38

Why does he want to take them out of school then?

draramallama · 22/01/2022 09:40

The point of a prohibited steps order is that you can then call the police, no?

Amandasummers · 22/01/2022 10:40

I don’t know what the answer is, I also have a nightmare ex and court orders in place, but prohibited steps order or not, in my experience, the police can’t and won’t do anything if it’s broken.

Original poster
IHaveBeenFallingFor30Minutes · 22/01/2022 11:01

He wants to take them out of school because he lives far away so he can spend time with them.

OP posts:
Original poster
IHaveBeenFallingFor30Minutes · 22/01/2022 11:01

The police won't get involved in family law (ex-copper)

OP posts:
Original poster
IHaveBeenFallingFor30Minutes · 22/01/2022 11:02

I just want to know, if he breaches it, do I need to apply for an enforcement order or is there something else I can do?

OP posts:
RandomMess · 22/01/2022 12:48

Don't you need to get a court order with effectively power of arrest linked to it?

So he fails to return them on time the police can retrieve the DC and arrest him.

Your could refuse him to collect the DC because he has told you he will not be returning them?

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