Holidays and ex husband

[fedupbutfine]

I have a Residence Order for the children, granted in 2009. It isn't particularly well-adhered to by the ex in terms of his contact, but I have always done what I have to (and more).

I have two holidays booked this year - both of which the ex has known about since December and both of which he was asked about over 2 months prior to booking as I knew which dates I wanted and wanted to be sure it didn't clash with his plans (or cover my back from a legal perspective!). One is abroad, one is UK. There will be more than half the holidays left in both cases for the ex to have 'his time' with the children.

As it happens, the children are due to be in the ex's care the day prior to both holidays. He is making noises that he isn't going to return them so they miss the holiday. I have made it clear that I will be going on holiday with or without the children if he doesn't return them.

He has been careful not to write/e-mail/text this threat so there is no evidence for a Specific Issues Order.

If he refuses to hand them over at the right time, will I be able to seek a CCJ for the money I have lost on the holidays? I have e-mail and text evidence that I have tried and tried again to engage him regarding the holidays and that he has had more than enough time to object and negoiate something different.

Thanks.

Yes, but if you end up suing him that is not a great result. You could just not give him to the ex the day before the holidays given his threat and once you have boarded the flight with the children text him explaining why. I doubt you'd be jailed for missing that one day of his contact.

Yes...I have considered that. I just feel very strongly that it shouldn't really come down to me taking responsibility for his behaviour (or possible behaviour) because that becomes me blocking contact, for however short or long a time that may be, rather than him deliberately depriving his children of a holiday.

I would much prefer he were in the wrong, rather than me, if that makes sense? I know that might mean I lose a holiday but the first one is very cheap and as such, I am kind of willing to see what happens if I am able to get some kind of legal come back as a result. I would then be reasonable to withhold contact prior to the more expensive holiday based on the previous experience.

If he deprives the children of the second holiday, it will cost him (hopefully). And he will get it in the neck from the children because we are returning to a place we went last year, with people we made friends with last year and they will be devestated if it doesnt' happen.

I wouldn't risk the children missing out on a holiday. What sort of father does that anyway? I would rearrange the days or go to court now to pre-empt it.