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

Hey guys

Please can someone in laymen's terms explain the meaning of

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

This is regarding a contact order my ex and I have for our child. I'm 99% certain I know exactly what it means but before I argue it I want to make sure I'm correct :)

Thanks in advance
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Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    It means that if there's no agreement between both parties there won't be any.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Presumably some contact has been ordered, further or other contact beyond that can be arranged if you both agree, if you don't both agree it can't be forced.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • rpc
    rpc Posts: 2,353 Forumite
    As others have said, it allows for additional contact if and only if mum and dad agree.

    An alternative would perhaps be a court order that permits the specified contact only, perhaps because that is supervised due to a history of DV or substance abuse. In that case, the court order would prohibit additional contact even if mum and dad did agree.


    (No idea if the second happens, but it is the counterexample. In practice it does, but I don't know if the contact order is the vehicle for the restrictions)
  • Bej84
    Bej84 Posts: 30 Forumite
    edited 4 March 2014 at 3:29PM
    Thanks guy

    The judge ordered every other weekend contact. Holidays abroad and christmas birthdays was mentioned by both parties but the judge said she felt Ms xx and Mr xx could sort this amongst their selves to provide a firm routine for the child. The judge said she trusts Ms xx will be accordant and discuss further contact with Mr Xx

    So that is why Such further or other contact as may be agreed between the parties is inserted into the order.

    Now if Ms xx refuses any extra contact outside of the every other weekend contact what can Mr xx do?
  • Bej84
    Bej84 Posts: 30 Forumite
    Is Ms xx breaking the order as such?
  • Mr_Toad
    Mr_Toad Posts: 2,462 Forumite
    Bej84 wrote: »
    Thanks guy

    The judge ordered every other weekend contact. Holidays abroad and christmas birthdays was mentioned by both parties but the judge said she felt Ms xx and Mr xx could sort this amongst their selves to provide a firm routine for the child. The judge said she trusts Ms xx will be accordant and discuss further contact with Mr Xx

    So that is why Such further or other contact as may be agreed between the parties is inserted into the order.

    Now if Ms xx refuses any extra contact outside of the every other weekend contact what can Mr xx do?


    It sounds like the original court was giving her the chance to be reasonable and she isn't cooperating so......

    Go back to court and explain that she refuses to agree to anything other than that which is ordered by the court.
    One by one the penguins are slowly stealing my sanity.
  • rpc
    rpc Posts: 2,353 Forumite
    Mr_Toad wrote: »
    Go back to court and explain that she refuses to agree to anything other than that which is ordered by the court.

    This.

    If it cannot be agreed, then Mr xx needs to vary the order to get the contact. I think a judge would expect evidence of a reasonable approach from Mrxx and an unreasonable approach from Msxx.
  • Bej84
    Bej84 Posts: 30 Forumite
    Thank you

    So far Mr xx has requested:

    a visit for a few hours on the child's birthday as she is taking him on a 2 week holiday the next day and Mr xx will not see his son for 28 days
    2 over night stays to centre parcs to celebrate christmas December 22-24
    1 week holiday abroad june / July
    1pm pick up on bank holiday Friday instead of the normal 5pm due to Mr xx not working on the bank holiday Friday

    Ms xx refused all the above. Mr xx reminded Ms xx that judge said regarding all holidays and other contact Ms xx should be accordant and discuss further contact but Ms xx responded by saying that what the judge ment by that is that they should discuss more contact but she doesn't have to give it.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bej84 wrote: »
    Thank you

    So far Mr xx has requested:

    a visit for a few hours on the child's birthday as she is taking him on a 2 week holiday the next day and Mr xx will not see his son for 28 days
    2 over night stays to centre parcs to celebrate christmas December 22-24
    1 week holiday abroad june / July
    1pm pick up on bank holiday Friday instead of the normal 5pm due to Mr xx not working on the bank holiday Friday

    Ms xx refused all the above. Mr xx reminded Ms xx that judge said regarding all holidays and other contact Ms xx should be accordant and discuss further contact but Ms xx responded by saying that what the judge ment by that is that they should discuss more contact but she doesn't have to give it.



    No it does not mean that.

    As others have said the judge would expect you to discuss and agree other contact dates as and when they come up.

    Tell her that if you cannot come to some agreement you will have no alternative than to go back to court.
  • rpc
    rpc Posts: 2,353 Forumite
    Bej84 wrote: »
    a visit for a few hours on the child's birthday as she is taking him on a 2 week holiday the next day and Mr xx will not see his son for 28 days

    So how does Mr xx get his court ordered fortnightly contact if the child is away for two weeks? A 14 day holiday must cover two weekends and one of those will have court ordered contact scheduled.

    Breach of a contact order is also grounds to return to court, although consequences can be few.
    Ms xx refused all the above. Mr xx reminded Ms xx that judge said regarding all holidays and other contact Ms xx should be accordant and discuss further contact but Ms xx responded by saying that what the judge ment by that is that they should discuss more contact but she doesn't have to give it.
    In writing? You NEED evidence if this is to get back to court. Write or, if necessary, email. Don't use texts and phone calls as they don't provide the evidence trail.
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