Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
I have a contact order on respect of my 2 children. I also have parental responsibility.
I have asked my solicitor this question but have never got a straight answer other than she doesn't think it is a good idea.
Legally, can i nominate someone else such as my mum or partner, to collect the children from school?
Or for that matter for contact from my ex wife's home? Legally, can she stop me allowing my mum or partner to collect the children from school?
The reason i ask is i am looking for work and starting a course and am expecting job interviews etc to come up. There are times I may need childcare, for a matter of hours. I am not on talking terms with my ex wife so asking contact to start a different time on such days is not an option.
So can I arrange someone else of my choosing to collect the children on my days, can she veto it and how?
I am afraid to do anything that means i have to go back to court but also don't see how it is fair that she lets all and sundry have the children and I am afraid to have my mum or partner do a school run.
Please help as I am going out of my mind trying to find a straight answer.
Hi There,
.
I think I'm right in saying that as you have a court order then it would probably need to be written into that order that someone else collects the children, if you ex wants to be difficult the she could stop contact as you aren't collecting teh children.
.
I think you would need a variation order to cover someone else collecting the children.
.
GTTS
Hello NothingElseMatters,
If you are not on "talking terms" with your Ex wife and it is not written in the Court Order that someone other than you can pick up the children, I can well imagine your Ex not accepting your suggested arrangements and that it could cause further strain on your relationship with her, possibly affecting the children. Added to this, I question whether the school would allow the children to be picked up by someone other than yourself particularly if their Mother objected. I'm assuming you are talking of the days when change over takes place?
After change over has taken place and whilst in your care for the stated period in the Court Order they need to go to school then, I believe, this is a different scenario. At such a time when staying with you (but not at change over), I believe, you have the authority to allow your children to be in contact with whoever you choose as long as there are no safeguarding or welfare issues regarding the people involved. However, the school would possibly need to be informed of who was collecting the children and also may be influenced by their Mother's opinion. The Mother may dislike your arrangements and cause further difficulties for you.
I empathize with your situation as my Son knowing he would possibly need a "stand in" occasionally, nominated two people when in the court room, his Ex vehemently refused to accept one of the people mentioned but accepted the other. The judge summoned the person who was acceptable to the Ex to enter the room, enquired if they were prepared to do the change over to which they replied "yes"and it was then written in the Court Order.
Your reasons for wanting to nominate a "stand in" are fair and reasonable. With there being no communication between you and your Ex wife, I personally would return to court to request decisions be made and included in the Court Order so that you are confident in what you can or cannot do.
Please note, I express my personal opinion, I am not legally trained.
Hello
We are in the same situation. My son has a child arrangement order in place that was designed so all handovers would be from school, meaning my son picks his son up from school on his days or drops him at school in the morning. When he is at work, I collect him (nan), this has worked well for 14months. Because the school holidays mean he may need picking up from her home, my son emailed her to say I may occasionally be picking him up from her home, presumes this will be ok with her and the handover will be civil. She replied she will always insisted son should stay with her if my son, his dad is at work. Obviously we don't want any friction in front of our grandson, so my son raised a specific order to address this and other issues,. On her court statement she said the original court order states that she must hand child to his father for contact, not me. The directions hearing was last week, nothing resolved. Final hearing is end of April. Hopefully this will be covered off then, the courts appreciate that my son needs to work. I'm sure her parents provide childcare. We've tried to say, it's normal, it's what families do. It's all about controlling everything for her.
Hopefully the court will see that she's just being obstinate for the sake of causing problems, and not what best for the child, and give her a telling off.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.