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Since my marriage ended the children's arrangements are split equally, half the week each. Wednesday is my day and i have booked a days holiday to spend time with him but because it is my sons birthday she wont hand him over until 1.30. we have a statement of arrangement in place for the children and this has been in place and fixed for over 12 months. i have been told this is not legally binding and i need to apply for a contact order.
i'm now being told i have no right to go and get him.
Please help
Hi there and welcome 🙂
I'm afraid you're right, a statement of agreement is not legally binding in the same way that a court order is.
Unfortunately with no contact order in place, and as the non resident parent, theres not a great deal you can do about it. If I were you I would take whats offered and pick him up at 1.30pm. I would also try and get some clarification over what time you're going to get over the Christmas and New year period. If the same is going to happen , you could perhaps try mediation. This would enable you both to sit down with a trained mediator and come to an agreement that you are both happy with. This can help, and a court would expect this avenue to have been fully explored before asking for the courts intervention. Heres a link ~ www.nfm.org.uk
There are a couple of stickys at the top of the Legal Eagle section, one concerning the Contact Order C100 Guide, this is the form you would use to apply for a contact order. The other is a Guide to Representing yourself in Court....both are worth a read and contain useful information. Solicitors are very expensive and some Dads choose to self represent, this costs hundreds as opposed to thousands if solicitors become involved.
Good luck with everything 🙂
I'd would agree with NJ try mediation first and then look towards court.
As NJ has said representing yourself is a lot cheaper and can work in your favour too as the judge hears from you rather than a solicitor.
Darren
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