Court order and Holidays

[octobersunshine]

I have a court order which states my son lives with me. The court order states that I am allowed to take him out of the country for 28 days without the consent of the other parent. It also states that I must make him available for the court ordered contact during this time.

I don't understand how this can be the case and not completely contradictory. Surely if you take them out of the country and don't need consent, it's implicit that they wont be available for contact. Can someone explain this to me? I'm confused.

You don't need agreement to take him overseas but if you want to do that in a way that means he would miss contact you must either agree that with the ex or get a variation of contact.

Hi,

Thanks for this. It seems a strange way to word it, given that most children would presumably see the non-resident parent at least once during that month, therefore you do essentially need their consent.

Do you happen to know whether I could inform the NRP of a holiday and leave it up to him to apply for a Prohibited Steps and if he doesn't one, view this as tacit consent? Or is the onus on me to actively apply for a variation?

The onus is on you, I'm afraid.