Variation of order or specific issues + waiting times

[Peaceofmind89]

DC is 5, has been diagnosed with autism and is currently on an IEP at school.

I do have a CAO for DC and for summer holidays it states that DC is to spend 3 continuous weeks with my ex during the summer holidays, provided they’re settled in school. Currently they are not settled in school, the CAO was also made before the diagnosis (final hearing happened just after the referral). I don’t believe 3 continuous week would be suitable, previously we have done 3 weeks in 1 week blocks (so he wouldn’t get less time) and I think this is appropriate and how things should continue however I know my ex will not agree to this regardless of how DC is.

My question is if he doesn’t agree to the 1 week and I have to apply to court do I apply for a variation to the CAO or apply for a specific issue order ? And does anyone know the waiting times for a hearing at the moment ?

You would apply for a variation. But it's a sledgehammmer to crack a nut, potentially. You'd have to consider getting a medical report. I'd only be advising you to take it back if the 3 straight weeks would be awful for the child and you could prove this.

@Collaborate but DC already has a report to say for their autism diagnosis. Not sure what other medical report I could get. Plus the IEP from school showing that DC isn’t settled in school although this is currently. Basically DC has difficulty with change, which is a typical symptom of ASD, becomes very fixated certain items and masks in school!

It doesn’t help that my ex doesn’t believe DC has ASD as they don’t display these behaviours with him. But I have urge my ex to read up on ASD or to do a parenting course for parents with children who have ASD and he won’t. Also has no contact with school or nursery (when they went ). So he really does help support DCs development.