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Specific issues order

32 replies

Whoknows11 · 14/03/2019 18:59

My ex is applying for a SIO to take our children away abroad for 10 days. I've agreed to a week and he's taken advantage and booked 10 days saying it's a 7 day holiday with a day either side travelling.

My question is will a court entertain this petty disagreement? Our youngest who is 3 has separation anxiety from myself and I know will struggle with this time away from his mother. His father has never lived with him, left before he was born and the max amount of time with him in the past had been 3 nights.

I know he needs quality time on holiday that's why I agreed to a 7 day holiday. However my ex is always taking advantage and pushing the boundaries.

Anyone with any advice welcomed?

OP posts:
Doyoumind · 15/03/2019 12:33

I think people are ignoring what you said in your OP: that you child has never lived with their father and never spent more than 3 days in a row with him. It's also going to be difficult for you spending that time away from your child. I know it's hard.

When I first went to court, they agreed my child was too young to spend more than a week away until they were much older. It's unlikely but not impossible it will go his way. Are you self representing?

As I said previously, prepare for them to grant it but try to put your case forward stating you were only trying to stick to the original agreement. What is the point in having a CAO if he disagrees with it at every opportunity?

Doyoumind · 15/03/2019 12:34
  • It's unlikely but not impossible it will NOT go his way.
Whoknows11 · 15/03/2019 12:46

They are meeting family in the north to then travel to Scotland to fly to Europe. A total waste of extra travelling with young children. Meaning extra time separated. Facetime isn't an option as when we've tried it in the past our child has cried and asked to come home.

Yes my 3 year old is under medical treatment for his anxieties. To whom staying I'm causing the anxieties I only wish it was that simple and easy. To me it's black and white. He struggles being away from myself and 10 days is not appropriate at such a you age. He's never lived with his father.

OP posts:
glitterdayz · 15/03/2019 13:15

I never lived with my df. My middle son never lived with his so what do you expect to happen?
You son has anxiety which I fully understand but for someone with anxiety being in an uncomfortable situation for 2 days or 5 days feels the same.
You need to be focused on getting your son comfortable with his dad, not repeating why it's ok for your son not to be. If your son gets upset, 7 days will be know different to ten because at his age he won't understand the days or time. How often is he going to his dads now? Speak to your ex and ask him to have him an extra night or two before they go away.

Judges make an order that your to stick too, but they also expect you to work together. If he says yes and you say no both of you are wrong.
Also if he takes you to court and gets the holiday agreed and next time a real issue comes up and he takes you back, it may appear your opinion is invalid. It's a holiday for a child.

I'm not sure why a judge agreed on your ds going on holiday for 7 days if he has such anxiety issues... I would be concerned about that and see it as the judge will most likely agree with your ex.

Nesssie · 15/03/2019 14:10

If your child is going to get anxious, he will get anxious at 7 days the same as 10 days. A 3 year old will not know the difference.

Pick your battles. You may need to use this in the future.

ralphfromlordoftheflies · 15/03/2019 17:15

It's clear that you are being difficult, and the court will see this. You are saying you can't understand why he's taking you to court...he has no other option if you are blocking the holiday. It's ridiculous to allow an issue this petty to reach the family court, because you are making such an issue of an extra couple of days holiday. It's a holiday with their dad, for God's sake, don't you see how petty you are being? I say this as a separated parent myself. I would be mortified at the family court being involved in a decision like this. He's shown you time and time again that he will take legal action if he needs to.

They are probably flying from Scotland because it's cheaper, lots of people do this.

You sound like you really resent the fact he's taking his DC on holiday. I would be delighted if my DC's father was actually committed enough to them to take them on a nice holiday.

Is this how you want the next 14 years to be? Arguing the toss over every little thing and making a drama out of everything? It's not fair for the DC. You need to grow up and love them more than you hate him. Put them first.

kbPOW · 15/03/2019 23:15

Some really goady posts on here.

You ask why your ex doesn't respect your wishes as a mother. Why aren't you requesting his wishes as a father? Because a court has decided how his wishes will translate into contact and as he's a controlling fuckwit who pushes boundaries, he's not respectingthe Court Order. Obviously

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