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Child Contact??

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Comments

  • maggied_2
    maggied_2 Posts: 781 Forumite
    You may get more response on the Child Support board - there are lots of people who've gone through the same thing.

    We've just done it because of my OH's insane X and his 8yo DD - in a way we wish we hadn't used a solicitor because of the cost - it is very possiblt to do yourself and there is a lot of information out there. Don't think this is an impossible situation because it isn't (although I completely understand how difficult it is).

    If you get a contact order (which is what my OH now has) and she renages on the agreement then you can go back to the court - she'll be held in contempt of court and as long as there is a notice on the CO then there will be consequences - in our case prison, fine or community service (with community service being the preferred option from what I hear).

    Good luck and hang on in there.

    C x
  • simon4amiee
    simon4amiee Posts: 136 Forumite
    From what I am led to believe a court would not change a child’s routine especially if its an 8 year old routine, thus if the contact order is in place, and I then go down the CSA route she surely cannot break the contact order.
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    legally she cannot break the contact order but what would a court do if she did? they wont send her to prison ..
    i think you may need to break his routine - i wouldnt want a child of mine with someone who has threatened to kill me ..

    perhaps a residency order would be the way forward and she would have to apply for a contact order


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • simon4amiee
    simon4amiee Posts: 136 Forumite
    Is ther such a thing as a shared residency order, the key here is to keep the status quo, Ive always felt a child should be with a mother even if I dont agree, he does need 2 parents, and I tell him that no matter what his mum does she still loves him, it should be up to him what he understands to make his own mind up, not be brainwashed by either parent.
  • maggied_2
    maggied_2 Posts: 781 Forumite
    In our case if the PWC breaks the order my OH can take her back to court. It does say that prison or a fine are options but apparently community service is being handed out as the preferred option.
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    Is ther such a thing as a shared residency order, the key here is to keep the status quo, Ive always felt a child should be with a mother even if I dont agree, he does need 2 parents, and I tell him that no matter what his mum does she still loves him, it should be up to him what he understands to make his own mind up, not be brainwashed by either parent.
    more than one person can be granted residency however a court would often be reluctant to do so because of the implications on the welfare of the child


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    maggied wrote: »
    In our case if the PWC breaks the order my OH can take her back to court. It does say that prison or a fine are options but apparently community service is being handed out as the preferred option.
    yes this is often the preferred option because if the mother ends up in prison then who looks after the child ?


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    Is ther such a thing as a shared residency order, the key here is to keep the status quo, Ive always felt a child should be with a mother even if I dont agree, he does need 2 parents, and I tell him that no matter what his mum does she still loves him, it should be up to him what he understands to make his own mind up, not be brainwashed by either parent.
    i understand what your saying about a child being with its mother but this isnt always the best option - however your right about your son making his own mind up


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • simon4amiee
    simon4amiee Posts: 136 Forumite
    Well 4 weeks now and I am getting really upset of the fact I cant see my son, and she is telling him all sorts of lies, and I cant do a thing, a residency order might take a year.
  • Simon have you been to a solicitor, find one that will either give you half and hour free or it may be best to do a set amount for a consult, when my hubby needed one she charged £50 and we were there for 90ish minutes

    If the routine is established then a court wouldnt want to disrupt the child and chances are you will get your contact order, however if i was you i would recommend go for a joint residency order, and you can carry on with the same arrangements

    Do you have pr for your son? was you married to the ex?

    and simon a child should not always be with their mother, they should be with whichever parent offers them a more stable and loving environment at home
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