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my brothers wife refuses overnight contact only weekend day for 4 hours. do u think he will get overnight contact in the end? would a judge agree to it in the end or will it carry on like that forever! 2 boys 8 and 6. she refuses mediation.
Hi Mary Jane!
Welcome to the site! Sorry to hear that your brother is experiencing problems, but he's not alone as, sadly, these problems are not uncommon:(
As your brother has already attempted mediation, he can make an application for a contact order. He can instruct a solicitor to act on his behalf or he could represent himself. If he wants to represent himself there's a fantastic guide at the top of the Legal eagle forum that takes him through every step of the process. He can also get free legal advice from the Coram Children's Legal Centre and there's a link to their website at the foot of this page.
I'm assuming that your brother has Parental Responsibility for both children and that his name appears on both their birth certificates? I think he's got an excellent chance of increasing contact and establishing a proper contact routine: For example he could ask for:
Friday 6pm until Sunday at noon
Plus when you book holiday time
Birthdays/Christmas/Family Occasions
If your brother hasn't kept a record of the communication he's had with his ex, perhaps he should write to her and formally suggest mediation again? He can outline his proposal for contact and recommend mediation as an amicable way of negotiating a better routine. He can also tell her that if she doesn't agree to it then he will certainly be taking it through the Courts.
FM '70
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