Can you prevent someone from breaking the court order?

[ThisMustBeMyDream]

Any legal advice would be appreciated. Court order is in place from May this year. Contact building up to 3 full days and nights. Current contact at 3 full days. First overnight to commence 4th August.
Resident parent texts non resident parent and states child will not be available for 4 dates over the 10 days immediately prior to first overnight contact due to a holiday.

Court order states parents to make sensible arrangements with regards to holidays. Non resident parent doesn't consent to this holiday due to the fact it is immediately prior to the very first overnight, meaning the child is out the country, unsettled due to the change, then on arrival home spends their first 24 hours home with the non resident parent for their first overnight. Child in question is approx 16 months.

Non resident parent is happy for holidays for both parents, and has no issue consenting once contact has built up to the full 3 overnights. It is anticipated this will take a further 2/3 months, going at the child's pace.

Resident parent has already breached the order since it was made. This will be another breach.

What kind of application should or could be made? Non resident parent wants to be reasonable, but resident parent has never been cooperative. They truly believe it isn't in child's best interest to be away for 10 days at this stage, and with overnights to commence the day following return.

So you want to stop your child going on holiday, when it doesn't even interrupt your contact time?

You want to deny your child happiness?

What the resident parents does in their time is up to them, much like what you do in your time is up to you.

As there is a child arrangements order in place, from the sounds of it, the resident parent can take the child out of the country for up to 28 days at a time without your permission.

Don't be a dick.

Put the children's interests first.

Yes its not great for the, I'm assuming, very young child (if they are 4+ it shouldn't be a problem anyway) but taking a holiday is not breaching the order in anyway and you're just not happy with the dates. If you take it back to court you'll just look like a controlling ex.

Maybe it isn't clear.

Resident parent wants to take child on holiday, for 10 days. Contact of 4 days will be missed. The dates of contact are stipulated in the court order. She is not making the child available for contact. There was no discussion or agreement. Just a text saying I'm taking child on holiday, they won't be available on these 4 dates.

It was clear, RP can take a holiday for a reasonable amount of time. The organise it between you means the judge suspected you would both be capable of doing this. A sensible way around this would be to request the 4 days back at some point suitable to you so you could take your child on a 7 day holiday. Going back to court because you don't agree on the timing makes you sound controlling and unreasonable.

That was a response to Notsurprisedatall who said that the holiday didn't interfere with contact time.

It's okay. There's lots of background here. It would take too much time to go over it all. The question isn't should they go back to court. It is what kind of application is required for this. C100? Specific issue? Prohibited steps? Self represented so unsure as to which to use.

So you want to prevent your child from having a holiday? One that is already booked?

Pick your battles, this child is 16 months old, you are going to have its mother in your life until you die. You still have over 16 years to get along with this woman and parent, hopefully be on the same page and do you think your child will like knowing that you prevented a holiday? This is going to be hell for you if you keep being a controlling tw*t.

^ Was right. The Judge will expect you to give some flexibility, the same from the mother. You're not being flexible at all and just want to wave your court order around like a big bully.
The judge will not be impressed with YOU for denying your child a holiday. I've seen it. My ex wanted to prevent me leaving the Country with our kids for 5 days. The Judge told him not to be stupid and to give me spending money so the kids could treat themselves and it was ordered straight away that we could go. This was one mistake of many that now means he doesn't see them at all, because he is emotionally abusive and controlling.

It has been suggested to you that you ask RP for the days back, but your response is what forms? Why haven't you suggested this? Or why haven't you spoken to her, or asked to go to mediation to discuss it?

You're controlling and you are not putting your child first, all you care about is punishing this mother who is trying to give your child an experience.

Probably because she claims maintenance, you sound like you have pay per view mentality.

You aren't only punishing the mother, you're punishing your child and if you think that the child won't know because he/she is only 16 months you're sorely mistaken. She will make sure that the child knows, and I don't blame her.

And going from 3 days to 3 days 3 nights is too big a change in one jump -

Day 1, daytime
Day 2, daytime
Day 3 sleep over

Next contact

Day 1 day time
Day 2 sleepover
Day 3 sleepover

Next contact

Day 1 sleepover
Day 2 sleepover
Day 3 sleepover

Non resident parent is happy for holidays for both parents, and has no issue consenting once contact has built up to the full 3 overnights. It is anticipated this will take a further 2/3 months, going at the child's pace"

I apologise I have just reread op, and I was wrong, sorry I misremembered the post.

What is ordered is much better.

But you do have an issue with holidays.

Sorry for the mix up

Usual replies favouring the resident parent (mum)
She is breaching the order.
But, I would probably just say that you should push back the overnights for a couple weeks to mid August so baby can get used to the routine again.
I think going to court would possibly bring for trouble for the future, but can completely understand why you would want to

Was the holiday booked before the court order was put in place? If it was then I'd let it go this time, but if it wasn't, I can see it's an issue.

The only person I am favouring is the child.

Let the child go on holiday without causing drama ffs

Surely RP has made "sensible" arrangements - the holiday is booked and NRP informed - therefore it does not breech it. Going to court again seems extreme. I doubt a 16mo is likely to feel any less settled than would otherwise be the case. Maybe an alternative contact time in lieu of the missed ones prior to overnight could be mutually agreed.