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I am also seeking to represent myself in PR & Contact order.
I work 200 miles from the mother of my son - is it common practice to take annual leave to attend court hearings, as i would be required to attend the court local to my son?
I am also in the Navy and am somewhat disillusioned as to whether the courts will look on this unfavourably (i.e. there are times i will be away for 2/3 months) - will the defence use this against me? In light of my circumstances, i would obviously need a bespoke arrangement in contrast with the standard 'deal for dads' i have heard of - 1 day per week and every other weekend...
Hi
I've moved this into it's own thread so it doesn't get lost. I would expect that your ex may try to use it against you, depends on her legal advice, but I don't think the court would hold it against you at all - it's not something you have control over, and if you are trying to establish good contact when you can, then that's all a court would expect. Have you spoken to the personnel section (don't know the proper term) in the Navy to see what arrangements can be made for court appearances - it may be worth having this information to hand. Normally, the courts give a date and you are expected to attend, but I am sure they will appreciate that you can't take the odd day off if you are stuck in the middle of the North Atlantic or somewhere similar.
i have spoken to the personnel department and it really depends on the operational programme whether i will get off for a court hearing. i.e. if i am at sea it probably isn't going to happen. I presume i could inform the court of this and proceedings will be rescheduled?
The stipulations that yogi talks about in the contact order that fathers should indicate to the court what exactly they want seems quite problematic in my circumstances. Have you come across any similar situations, whereby a father may work away at times to provide for his child and therefore isn't able to stick to a rigid contact schedule due to work commitments?
I think we've had a couple on here that are similar. Basically, I think you'd need to draw up an order that was reasonable in the amount of time you were asking for, but also flexible enough to suit the job - don't forget the courts want to encourage contact so they will expect your ex to show some flexibility within reason.
I will ask our experts at CCLC to see if they can offer some guidance.
Dear moldovanu,
Thank you for your query.
In relation to your attendance at the court hearing; if you are able to take annual leave it would be advisable for you to do so and attend the hearing. If this is not possible you can request an adjournment (a delay of the Court hearing) in order that it be delayed and hopefully enable you to be able to attend. Should neither of these options be possible, if you are instructing a solicitor, the solicitor would attend court and act according to your instructions.
In relation to you spending 2/3 months away from home, it is possible to have a flexible contact order. For example it might say that you are to have a certain number of days or overnight contact over a set period of months, exact dates to be agreed between parents. Or, if you know when you will be away in advance, the Order could state that you are to provide mum with these dates on a regular basis and then a set amount of contact is to be arranged around this. A contact order can also provide for telephone/skype contact so this could be put in place for when you are away.
The Courts will not look unfavourably upon your application for contact becuase of your working pattern; contact is the right of the child and considered to be in the best interests of the child, they will therefore be looking to find a way to make contact work, around your work committments.
We hope this information has been of use to you and wish you well as you take this matter forward.
Should you wish to discuss your situation further please do contact one of our legal advisors via our webchat which can be accessed on our website www.childrenslegalcentre.com between 9am and 6pm.
Yours faithfully
The Coram Children’s Legal Centre
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