Such further or other contact as may be agreed between the parties

Bej84

Ms xx has decided to relocate 107 miles away and was not able to commit to a rigid contact plan so Mr xx applied to the court and that's where the order was granted last month.

The order literally just states every other
Friday - Sunday
Such further or other contact may be agreed between the parties
Half way meets between X & X 50 miles away

Ms xx booked her holiday in December so Mr xx can't do anything about that can he? Mr xx

so Example Mr xx will see his son august 19- 21st then Ms xx is going on holiday aug 27th- September 10th. September 10th would be Mr xx next contact but that's they day they arrive from holiday and as there is a 107 mike distance the next weekend would make it 28 days since Mr xx saw his son


All communication between Mr xx & Ms xx is done via email

GobbledyGook

Mr xx needs to go back to the court to have holidays put in the order if Ms xx is refusing.

He should also be getting/asking for the weekend after the 2 week holiday imo. It shouldn't be a case of waiting for the next fortnight. I hope, though doubt, that Ms XX asked for the access to be cancelled that weekend rather than just assumed. Presumably Mr XX would have been ok with a swap to the weekend they got back as a holiday is (usually) good for the child.

Scrap that just seen that the holiday was booked before the order was given.

Bej84

Ms xx just assumed it would be ok!

GobbledyGook

Sounds like a trip back to the court is needed. Ms xx doesn't seem to be getting that she doesn't get to dictate everything.

Not objecting to the holiday (something I'd highlight) shows that Mr xx is focussed on what is best for the child, rather than having control over the situation.

peachyprice

Mr XX might want to remind MsXX that by inserting that clause the judge trusted them to sort reasonable contact out themselves, but if MsXX wants to be difficult MrXX is quite happy to go back to court to get holidays, Christmas and birthdays included in the contact order.

POPPYOSCAR

Bej84 wrote: »

Ms xx has decided to relocate 107 miles away and was not able to commit to a rigid contact plan so Mr xx applied to the court and that's where the order was granted last month.

The order literally just states every other
Friday - Sunday
Such further or other contact may be agreed between the parties
Half way meets between X & X 50 miles away

Ms xx booked her holiday in December so Mr xx can't do anything about that can he? Mr xx

so Example Mr xx will see his son august 19- 21st then Ms xx is going on holiday aug 27th- September 10th. September 10th would be Mr xx next contact but that's they day they arrive from holiday and as there is a 107 mike distance the next weekend would make it 28 days since Mr xx saw his son


All communication between Mr xx & Ms xx is done via email

Have you tried talking about this face to face?

Email can be such a cold way of communicating and it is much harder to have a proper discussion that way.

Could you ask to meet up or would that be impossible?

Bej84

Ms xx has stated that she is in shock and upset that already Mr xx is asking for extra contact so soon after the contact order has been put in place Ms xx feels Mr xx (I) have ignored the courts and judge and is behaving in his old ways and continuing to fight to see his child, this has been an on going battle since April 2011.

Ms xx obviously thinks the judge would add a clause to our contact order just discuss more contact but not actually give it.

Ms xx is focusing on Cafcass recommendations rather then listening to what the judge said.

The cafcass advisor told Mr xx that he could not have thier child for 2 weeks for a summer holiday as it was to much time away from his mother

Mr xx asked for 10 days Cafcass said no he then asked for 7 and cafcass said 3 days maximum!

The judge then said that 7 days is a sufficient amount of time in any one period as the child is only 4 and had no time concept as of yet.

Ms xx is now saying that a week holiday can not happen with Mr xx because Cafcass only recommended 3days.

I don't want to be seen to be going back and forth to court and waisting yet more money and more of the judges time if I do not have good enough grounds to do so.

Thank you all so much for your help

Bej84

POPPYOSCAR wrote: »

[/B]

Have you tried talking about this face to face?

Email can be such a cold way of communicating and it is much harder to have a proper discussion that way.

Could you ask to meet up or would that be impossible?

Mr xx asked if Ms xx would meet on the 15th march to discuss it and Ms x said she feels there is nothing to discuss

RAS

Generally I would say Msxx is pulling a fast one.

However if this order was only granted last month and you have already made 4 requests for additional contact, perhaps you are putting a little bit too much pressure on at this stage in arrangements.

Allow Msxx to see that normal fortnightly contact works well for three or 4 months and then ask for additions?

And do so in writing, pen and paper jobbie. Send two letters from different post office with free certificates of posting. When she asked why, explain that the courts accept that one letter might go astray, but not two.

You have another 15 years to try and make this work and forcing the issue so shortly after the order is likely to be counterproductive.

And you need to be building a better relationship with cafcass.

Bej84 wrote: »

Ms xx has decided to relocate 107 miles away and was not able to commit to a rigid contact plan so Mr xx applied to the court and that's where the order was granted last month.

The order literally just states every other
Friday - Sunday
Such further or other contact may be agreed between the parties
Half way meets between X & X 50 miles away

Ms xx booked her holiday in December so Mr xx can't do anything about that can he? Mr xx

so Example Mr xx will see his son august 19- 21st then Ms xx is going on holiday aug 27th- September 10th. September 10th would be Mr xx next contact but that's they day they arrive from holiday and as there is a 107 mike distance the next weekend would make it 28 days since Mr xx saw his son


All communication between Mr xx & Ms xx is done via email

Bej84

Mr xx has had consistent fortnightly access Saturday and Sunday for 1 year but Ms xx would not commit to the same structure once she moves away that's why mr xx took Ms xx to court.

Before the 1 night fortnightly access Mr xx had every other Saturday access for 2 years the contact between Mr xx and said child is not new.

Mr xx applied to the courts to ensure it would continue once Ms xx relocated