Advice needed - Contact Order/No Order Principle

DougalButler

Hi everyone

I have applied for a Contact Order through the Family Court in order for my child to have regular overnight staying contact. This Order was sought by me as since our separation and subsequent divorce my son had not enjoyed overnight staying contact with me. This was over 3 years ago.

As part of this process the Judge instructed my ex and I to attend Mediation. Through this my son began to have overnight staying contact with me, one day each month. This has gone very well, and my son and I have very much enjoyed the time we have had together.

I am due to go back to Court again in early February 2013. My ex has agreed to my son having future overnight staying contact with me on alternative weekends and provision for access during holidays etc.

Whilst I am happy with this she, through her solicitor, wishes this to be in the form of a written agreement. The solicitor has also quoted the 'no order principle' in their correspondence to reinforce her wishes.

My dillema is this: I have already spent several thousand pounds in legal fees getting this far and am concerned that without an Order being granted that she may renege on the terms of the written agreement, given her past behaviour and that this has no legal worth.

In addition, could I insist that she agrees to a clause that she would pay all future legal costs, including mine, if she fails to adhere to the written agreement and I have to go back to Court ?(and I would then seek a formal Contact Order)

Any advice would be gratefully appreciated.

Kind regards.

DougalButler

bump**************

365days

I read this earlier and haven't got a clue. However you may get some answers if you post it in the Child Support sub section of the benefits board. There are generally a few bods there who know more about the ins and outs of separated parents etc.

rpc

You probably want to speak to your own solicitor.

As I understand it, the "no order principle" is the basis that if the parents agree on contact and there is no prospect of a dispute, then there is no need to get a court order.

It does not necessarily apply when past conduct suggests that there may be a future dispute and a court order would be beneficial in providing certainty for the children.