Anyone ever varied a court order?

[oldsoaksally]

We have a court order for our child, it's less than a year old. The arrangements wrt half terms don't work for us and prevent us from having a holiday. They are from sat-sat and require me to have our child back with ex for the last two days of the holiday. I want to change it so that ds is with either parent for the whole of the holiday without interruptions but ex is refusing.

Any suggestions? It's quiet on legal tonight!

DH applied to vary his court order, but it was after 6 years, so for a very different child, IYSWIM. As I understand it, you can only apply to vary if there has been a change in the circumstances that the case was judged on, not just if you don't like it/it's inconvenient. I think I'd be tempted to ask to swap for specific holidays (assuming that you aren't going to be going away every half-term - and if you are, I'm charging for this legal advice ) Not sure why you can't go on holiday for a 7 day period with this set up?

Thanks balia. The 7 day thing makes it difficult because if we went on a package holiday from sat-sat, we couldn't get back in time to get ds to his dad by sat morn. Also, the weekend of the holidays start with the Friday being with whoever parents weekend it is- meaning if it was ex's, we would have to make sure we only flew out later after he was picked up from ex on the sat. Ex himself accepts that it makes it difficult to go away, but won't change it. Between my parents living abroad and us taking our holidays in winter, yes we would pretty much be going away for 2 out of the 3 half terms every year I would say - yeah x

it is pretty usual to agree half of all holidays. If you want the children 2 out of 3 half terms, are you looking to give some time back at some point? Whilst I see your argument, it's not the ex's problem that your parents live abroad and she ( I assume she?) has every right to some quality holiday time with her children, just as you do.

Have you suggested mediation?

Oh no I'm not looking for 2 out of 3 half terms,they are on an alternating cycle so it works out evenly,I only gave 2 out of 3 as an estimate of how often I would go away on my half terms with ds if you see what I mean. All I'm looking to change is the half term structure,not the frequency