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Breach in court order or not?

10 replies

NowWhat2023 · 29/11/2023 21:19

Court order in place stating all holidays to be split and for half terms tack onto contact weekends. I assume this means whomever normal contact weekend starts the holiday.

October half term ex requested DC from the Thursday - Sunday (even though his weekend was the one before) this wouldn’t be the first time he has deviated from the order so I was fine with this. Until ex calls me up one the Friday of school breaking up saying he was meant to have DC that weekend and the Thursday - Sunday the weekend after. Didn’t help that that this was the first time we have agreed contact verbally. Ex insisted that he was to have her both weekends as first weekend would have been his weekend, I pointed out that if that were the case that I should have had DC the following weekend (as it would have been mine) and that hand overs should have taken place on the Wednesday in the middle of the week. Initially ex agreed it was a misunderstanding and moving forwards we should always document which was fine.

Now he is trying the say I have breached the order as the first weekend was his and the second was as he stated in lieu of Monday - Wednesday and that I need to make up those two nights and it has to be on one of my weekends. I have highlight to him that I believe this is due to an annual leave issue on his end, he has also asked for something similar over Christmas. His response is that we should be flexible to each others schedules.

he has said he won’t take it to court this time but will be recording it. Thing is there are issues surrounding DCs health that I think at some point we will return to court and wondered how this would look. It’s worth noting in the 2 1/2 yrs since this order was made I’ve not breached and have gone out of my way to ensure contact happens even when ex has missed his weekend (as in he has forgot on the day) and I’ve swapped my original weekend so dc can see their dad

OP posts:
NowWhat2023 · 29/11/2023 21:20

Sorry that was longer than I wanted it to be, and possibly hard to follow

OP posts:
Mumof3confused · 29/11/2023 22:52

What’s the question?

NowWhat2023 · 29/11/2023 23:11

Would the dates in October be considered a breach ?

OP posts:
cestlavielife · 29/11/2023 23:14

Let it go
If they like seeing dad

AllWeWantToDo · 29/11/2023 23:20

I doubt a court would be interested , infuture though I'd stick to the court order . If its not the first time he's deviated from it then its likely it won't be the last

NowWhat2023 · 29/11/2023 23:37

@AllWeWantToDo will definitely be sticking to it firmly from now on. If he mixes up his dates that’s on him and if he can’t take annual leave too just because he starts doing whatever he wants. Oh and having everything in writing from now on

OP posts:
Mumof3confused · 29/11/2023 23:37

You might have to stop bending over backwards and stick to the court order. If he needs help on his allocated days with the kids, offer to have them for him but don’t swap dates do make up for missed time. He’ll be annoyed but it’s the only way to stick to the order and avoid misunderstandings or miscommunication

AllWeWantToDo · 29/11/2023 23:42

NowWhat2023 · 29/11/2023 23:37

@AllWeWantToDo will definitely be sticking to it firmly from now on. If he mixes up his dates that’s on him and if he can’t take annual leave too just because he starts doing whatever he wants. Oh and having everything in writing from now on

Yes make sure you have it all in writing and if he asks to swop again say sorry but after last time and the fact you threatened me with breach after you changed contact I think it's better if we stick to the court order .

NowWhat2023 · 29/11/2023 23:43

@Mumof3confused when you say missed time what do you mean?

OP posts:
Mumof3confused · 30/11/2023 07:48

I mean if he can’t have them on his allocates time he will simply miss that time but you shouldn’t make up for it

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