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CAO, no holiday agreement

4 replies

naptimefavetime · 31/10/2023 15:33

Hoping someone with some experience can help.

Long story short. Court order is in place since April 2023, holidays split 50:50. Court order stated holiday by agreement and also that they should be agreed at the start of the school year.

Mum won't discuss holiday plans for the summer or Easter and keeps saying children on available on x date for other holidays. Has anyone been in this position and what did they do? Ideally I would like the court order to specify how the holidays are split so I don't have to go through this every year, waiting for the Mum to make plans and tell me when i can have, to then change her mind and tell me the children are not available etc...

I really want to be able to make family plans for my time with my children (book holidays, take family visits) and can't do until it is all agreed. We are all a blended family and my step children (not court ordered) split their time with Mum and Dad so it does need agreeing so it can all be coordinated.

OP posts:
Sandalholidays12 · 31/10/2023 15:38

Yes first hand experience here. Go back to court and make sure you think of everything you would like to add to the existing order.

Such as going abroad once a year, Christmas rotation each year. My ex has to email all his weeks of the school holidays he would like by 31st April. He only does 2 weeks and 1 week at Xmas so less complicated for us with school hols!

naptimefavetime · 31/10/2023 15:42

Thank you. The magistrate said it wasn't their job to micromanage holidays so left it wide open which would be good in theory...

Would failure to agree holidays be considered as a breach and could i ask for holidays to be set out as a variation or would i need to go back through the whole c100 process?

OP posts:
Collaborate · 31/10/2023 16:05

As advised upthread - go back to court if she doesn't agree this in the next 7 days. First step mediation (get a MIAM) then apply on a C79 for enforcement. The court can make any order. Make it clear you want the court to micromanage the dates (ie summer is weeks 1,2 and 5 with you - half terms alternated, Easter alternated who gets first and second weeks and then there is a default for Christmas unless agreed in writing.) The court must micromanage of one parent simply will not engage.

LittleRebelGirl · 31/10/2023 16:19

Yes, my DP had to go back to court as it didn't work when the mum was determined not to agree dates until she had all her plans in place (one school holiday she refused to discuss until the night before for example!). She was unreasonable in every single aspect of co-parenting. She was hell bent on keeping their dd as much as she could and him have as little contact as possible. She tried all kinds, involved social services etc etc.
After the 5th application to court and her getting nowhere she seemed to realise she was fighting a losing battle and just gave up. So much so that after point blank refusing him to have any of Christmas day at all for her first 4 years, this year (7th) will be the 3rd Christmas in a row that she has given him Christmas eve and morning. He didn't ask. It is supposed to be alternated. She has said her other dd and my sd would rather have the other end of the day together. Fine by us!
We would never have thought she would change her behaviour, but she has. And she has even apologised for her past behaviour.
So yes. My advice is, go back to court. And eventually things might settle. But get that order if they won't play ball and be reasonable.

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