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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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i recently had a an argument with my ex partner and my son

Customer Question

i recently had a an argument with my ex partner and my son was there. my ex said that my was upset and did not want to see me. so she was not going to allow contact, even though there is a contact order in place. she said that she has seen two solicitors and they have said that she is within her rights to do this. is she right?
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 years ago.

hi yes I will wait for a reply

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.
How old is the child and when was the Order made?
Clare
Customer: replied 3 years ago.

My child is 5 years old & i obtained the contact order in june 2011

Expert:  Clare replied 3 years ago.
Hi
Was there any violence involved in the argument?
Clare
Customer: replied 3 years ago.

No

Expert:  Clare replied 3 years ago.
Hi
What should the contact pattern be?
On the Order does it give a warning about the consequences of breaching the order?
Clare
Customer: replied 3 years ago.

contact should be every other Tuesday afternoon, every Thursday over night. she refused . she refused contact on Thursday.

yes there is a warning on the order about not complying with the order.

Expert:  Clare replied 3 years ago.
Hi
That is good news
Just to check - how many contacts have you missed so far?
Clare
Customer: replied 3 years ago.

none. I have always made alternative arrangements which have gone fine

Expert:  Clare replied 3 years ago.
Hi
Sorry - i meant since the argument
Clare
Customer: replied 3 years ago.

one over night on a thursday

Expert:  Clare replied 3 years ago.
Hi
One miss after an argument could be seen as reasonable - giving time for matters to settle down - and it is indeed possible that your ex has been told that.
However she will not have been told that she can simply stop the contact altogether unless she applied to the Court to vary the existing Order - because she is not allowed to do so.
You shoudl send a formal and simple letter suggesting that you discuss the issues using Family Mediation (www.familymediationhelpline.co.uk) but will apply to enforce the Order if need be.
The form you need to enforce is here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks, i have applied to the court to enforce the order. You have been most helpful

Expert:  Clare replied 3 years ago.
Hi
You are most welcome
I hope all goes well
Clare