How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have a child arrangement order in place, I have residency,

Customer Question

I have a child arrangement order in place, I have residency, father has 4 hrs a month and a weekly phone call to our daughter.He is very unreliable and turned down contact recently. It is hugely distressing to my 7 year old child. In addition , I have a 14 year old daughter that was raised by him since aged 3, she is not his biologically his but knew and loved him as her father. He has completely abandoned her and refuses to acknowledge her, she is hugely distressed that he is now only interested in her younger sister but not her. She has now developed anorexia and self harms. I face the dilemna that my eldest daughter experiences so much pain when my younger daughter goes for contact that it is effecting her health, causing massive stress to our family and confuses and hurts my youngest daughter as she cannot fathom why "their" daddy has rejected her sister and why we as a family are so upset.
I want him out of our lives, for all our sakes ... can i stop contact?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am sorry but no the fact that your elder daughter is suffering does not entitle you to stop contact.
The case law on this is very very clear
It is the right of your younger daughter to have contact with her father - and only her needs can be considered.
Equally I am afraid that his unreliability is not at this stage a reason for stopping contact
If he misses contact for the next nine months then that could be enough - but not otherwise.
I am sorry I know this is not what you wished to hear - but it would be unfair of me to mislead you as to your position
Please ask if you need further details
Clare
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
If I do stop contact, I know he hasnt the funds to take me back to court. But if he did, what kind of trouble ..... realistically would I be in ... I have read the standard penalties involved. But in your experience will I just get a telling off and made to start contact again? Xmas is going to be so painful for my girls , I will take the punishment rather than them endure this.
Expert:  Clare replied 2 years ago.
Hi
He only needs £95 - or nothing at all if he is on benefits
For a first"offence" it is unlikely that the court will do more than warn you of more serious repercussions next time
Clare

Related Family Law Questions