Me and my ex have a CAO in place. He gets our daughter Tues 5-7 and Fri 5pm – sat 7pm. He also gets 21 days school holidays. He neglected to take these days last year and then tried to force them all during the Christmas period and weekends. I split Christmas 50/50, but he’s now trying to take me to court.
I’m terrified he’s going to go for full custody to ‘punish’ me. There are no safeguarding issues and I’ve alsways made her available for contact, the only issue has been the days. Is a judge likely to change residency to punish me? I’m so scared. I don’t think I’ve breached the order, I think it’s him that has for not taking his days. I also have a son and I don’t know if they’d split the kids up and send my daughter to him. It would devastate my son.
I think you are probably panicing over something that is very unlikely. Like you said, he was the one not to take the days even though you made her available. Custody is a very long drawn out thing and you have to go through mediation and all sorts first. If there are no safeguarding issues or problems housing and looking after your child, I cannot see how that would ever happen.
I am no solicitor etc but I have had too look into a few things. Why not go and see CAB first of all. Please dont panic, I am sure it will be fine.