Child arrangements order wording

[MG08]

Can anyone with a child arrangements order clarify how holiday arrangements work as there is a dispute between parents.

Our child lives with mum and the court order states -

"Summer holidays
. * shall spend 2 blocks of 7 nights with the father, not consecutive and separated by at least a week."

Over the summer holidays period our child spent the above time with dad, 2 blocks of 7 nights.

Our standard arrangement is for every other weekend. Summer holidays, Easter and Christmas arrangements are specified in a different section of the order. To me this means the standard arrangement stops and the holiday arrangement begins. In holidays where there hasn't been a different arrangement specified, such as October and February half terms, my understanding is that the standard arrangement of every other weekend would continue during these times.

Dad is stating that during the summer holidays he should have had 2 blocks of 7 nights, as well as every other weekend on my time, however I disagree.

Can anyone advise on whether holiday arrangements supersede the standard contact schedule please?

A child who is not a teen with a social life “doesn’t count”

it is supposed to be ALL about the child:
with attitudes like this it’s no wonder loads of children heave a sigh of relief and vote with their feet as soon as they can as teenagers.

The OP indicated that her child had just started school.

You can ask advice yourself (my partner and a few other people we know ended up in Court) but the child's view point isn't considered until they are older as they are simply too young. The child's relationship with their parents is put above their friends and activities.

The OP also had a chance disagree with her child's other parent's solicitor before the order was approved. I know of parents who have.

In the case of a parent, mainly mothers, if they decide to put their (so that parent's) family, the child's friends and/or the child's activities above the child having a relationship with their other parent then they end up going to Court and having their wishes slapped down.

Except c there was a 4 week period where DC couldn’t see friends, then that might be excessive. Most people recognise it’s a balance. Also school changes a lot as Dc get older through primary. Parties, trips, sports and friends become more important. That needs to be recognised too.

So children shouldn't even take 4 weeks out of 52 per year to spend time with their other parent, stay with grand parents or other relatives who don't live within 10 miles within the catchment area of their school? DC's friends might even themselves be travelling or spending several hours at holiday club.

Over summer holidays, children can keep in touch with friends through messaging, Roblox, Minecraft etc. A luxury that didn't exist more than 15 years ago.

I agree that it's important for a child's wishes or social life to be considered. However it should never be at a sustained expense of a deep and meaningful relationship with a parent.

@BeNice01
Its not about a parent wanting 4 consecutive weeks!!! It’s eventually about the child’s needs and life. Friends and parties and regular activities do matter. Maybe not at 5 but certainly at 10. In any calculation, a dad isn’t seeing the child for 4/52. He’s got all the other days too. Often 5/14 days is pretty normal for the non resident parent . So that is circa 130 days and holidays will add to that. So lots more than 28 days! Who says that a 4 week holiday is needed to maintain a good loving relationship with dad? Utter rubbish.

How about being a parent and sustaining the child’s life and interest too?
why can’t a nrp take THEIR child swimming or to a party? Why does it all have to be about what the parent wants to do on “their”’weekend? Utterly self absorbed. Be a parent.
as I wrote up thread no wonder so many children as they grow up vote with their feet

I agree. It’s all about parents and their “rights”. Dc can see grandparents for a week. Doesn’t need to be 4 weeks. There’s always the other days too which fall on weekends. Plus a reasonable holiday period.

Glad a lawyer showed up.

OP, this is the post you need to read.

? That advice was given way upthread! By quite a few posters.@AssumingDirectControl
The rest of the thread is discussion. As op was not represented when the order was made. I would imagine affording a solicitor might be an issue.

I had a barrister during the court hearing, but exes solicitor was asked to draft the order. We also had magistrates and not a judge for the final hearing.

Thank you for all the comments to those who have replied, they've been very helpful and I will speak to a solicitor to ask them to look at the order.

There is more than one qualified solicitor or barrister as it should be and not “lawyer” who has given exactly that advice already on this thread.

@MG08
The impression given was that the order was drawn up by ex’s solicitor and you were not represented. Why didn’t your barrister do it? Or both of them?

@TizerorFizz You are right.

The barrister would have agreed the solicitor's wording. So it means the barrister left it open to interpretation for a good reason.

OP did your barrister not explain what the wording in the order actually meant to you? As they are suppose to and they will have put it in writing.

Dh cao states similar but it also states the normal eow doesn't apply at easter summer and xmas

How long did your court papers take to arrive im having a similar problem but I have to order in writing to refer to yet!
Did you get things sorted in the end?

I can't remember how long the papers took as it was a little while ago now sorry! I was emailed the draft before I received the official paper copy though.

I've spoken to my solicitor and have been advised the wording on the order means the weekend arrangement is not part of holiday arrangements.

I'm sure that's what mine says too. Thank you.

My sons dad is wanting to take him on holidays for 2 weeks abroad. He has only just turned 2. I think it is way to young to be away from me that long (he gets two overnights a month as per court order) I have told him I also won’t be taking child abroad as it would be unfair to have double standards. he is bringing me to court. AIBU? Will he likely be granted the holidays?

I would not think so. Does he have any holidays with him now? Longer periods away from you? Just make sure you have evidence as to why this is not acceptable. 2 nights a month is low so a 14 night jump is excessive.

How is this fair? If there is two weeks and Dad get a full week and his usual weekend then they don’t get a full week with Mum. Am I misunderstanding something? What if Mum wanted to go away on holiday for a week with the kids in the holidays? She can’t?

So could holidays be taken systematically to ensure the Easter example above happens every Easter, October and Christmas holidays?

Resurrected thread!