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Hi everyone,
I am after a bit of advice on contact orders.
My ex and I divorced 4 years ago and since then I have had my son (aged 14) every tues and fri night to stop over, sat during the day which my ex insisted on at the time of the seperation. Its been a fairly flexible arrangement and on average over a year he stops about 2.5 nights per week. The issue isnt really about contact, its more to do with when the contact is.
She has a new fella and the current arrangement no longer suits her so has decided we are now doing tues nights and every other weekend. I, and my son are opposed to this and I politely told her that alternate weekends it not happening. She now says if I don't agree to this she will get a contact order to enforce alternate weekends.
My understanding of contact orders lead me to believe that this is a load of rubbish and unenforcable but any advice would be appreciated.
Cheers in advance
Steven
If a court order is issued then it's legally binding I think it will depend on the court/judge though if they enforce it failing to adhare to an order is classed as contempt of court.
If your ex files for a contact order then it's likey CAFCASS would get involved for a welfare check etc and ask for a wishes and feelings statement were he would be able to have his say in his contact arrangements. I would let her threaten you with it most likey she'll not get legal aid and she'll have to self fund and you could just self rep.
I understand all of that but my thoughts were that a contact order if for the non resident parent to get access to his/her child? All this is is her spitting her dummy out because she cant get her own way. Surely a judge would see this as a complete waste of everybody's time and money?
Hi there and welcome 🙂
Court ordered Contact Orders are enforceable and not just for the non resident parent, their purpose is to define contact where there is a dispute. However if she were to go to court to get a contact order to reduce the access you have with your son then she would be in for a shock! At 14 your son has a big say in what he wants and as you have enjoyed tuesday and friday nights for a long time there would have to be a really, really good reason to reduce it. The judge would most likely make an order in your favour and the only person that would be frowned upon would be your ex!
You could try mediation to try and sort out this difference, heres a link ~ www.nfm.org.uk
In my opinion you have nothing to worry about! 🙂
Cheers NannyJane. That was what I was hoping to hear. And the facts are that my son definately does not want to change which I am glad to hear counts for a lot. 🙂
You're welcome 🙂
Perhaps you should point out to your ex that going down the court route would involve your son being interviewed etc and would be unsettling for him...its also not good to see his parents at loggerheads over him and it might cause him feelings of guilt...he has enough to deal with being a teenager, without seeing the two people he loves the most doing battle over him!
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