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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my Fiancees ex has a residency order on their 7 yr old son,

Resolved Question:

my Fiancee's ex has a residency order on their 7 yr old son, in the order it states that she has to encourage phone calls and contact between them. She now encourages her son to hang up when he rings and tell him he doesn't want to talk to him, it is also ordered that he has him every half term and half the other holidays his son is now saying he might not come up for holidays what can we do in this case ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Order made and when did he last see the child?
How far apart do you live?
Clare
Customer: replied 3 years ago.

The order was made about this time last year, I can't remember fully as I don't have it in front of me it is boxed up from when we moved. He last saw his son last week for half term and his son lives in Lincolnshire and we live in Darlington. My Fiancee picks him up from Lincolnshire and takes him back there after his visit.

Expert:  Clare replied 3 years ago.
Hi
How did the actual visit go - as opposed to the phone calls?
Clare
Customer: replied 3 years ago.


hi Clare,


He was his normal happy self, played with his toys, ate all his food, giving cuddles and telling us he loved us. Had a friend who came round to play with him every day. No problems with sleeping, happily walked round town with me and did his thing of reminding me of things I needed to buy. The only night he went quiet and seemed down was the night before he went home.


del

Expert:  Clare replied 3 years ago.
Hi
when are you due to collect him for Easter/
Clare
Customer: replied 3 years ago.


we are due to pick him up on the 12th April, he will be going home on the 19th April

Expert:  Clare replied 3 years ago.
Hi
It is always difficult to enforce telephone contact with a child still too young to maintain conversations without prompting
However at 7 the child is too young to chose whether or not to attend contact - and more than they can chose whether or not to go to school or the dentist
When speaking to the child your partner should be calm and simply say - I shall be picking you up on 12th and we are looking forward to seeing you - no arguments or negatives- just an upbeat "looking forward to it" tone
He should also write to his ex and simply politely confirm that contact WILL be going ahead and if necessary he will apply to the court to enforce the order if necessary
The is done using a form C79
I hope that this is of assistance - please ask if you need further details
Clare
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