Obtaining fair holiday contact for Father, and preventing name change

Marie represented a Father in a case where a final order was made two years ago in respect of his two children, for shared care. This involved them living with him and their Mother on an exactly 50/50 basis.

The Mother made an application for a Specific Issue Order as a result of the Parents being unable to agree the division of time in the summer holiday. She also sought a variation to some of the terms of the order and to change the children’s surnames.

The Father had cross-applied for some changes to the order and opposed the name change.

At Court, given that the case was listed for a short directions hearing only, that the summer holidays were one week away and the Court would not be able to hear the case in time, the Parties managed to agree a compromise for these holidays but made changes for the order going forward so that it was clear exactly how future holidays were to be split. They also agreed some other changes.

The issue remaining to be dealt with by the Court (name change) required a s.7 report and so the case was listed for a DRA and final hearing on that issue. The s.7 report recommended no name change and the case settled at the DRA, when all outstanding matters were agreed.