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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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If my son is too ill for contact weekend with mum (he is 3

Customer Question

If my son is too ill for contact weekend with mum (he is 3 its two hours by car and he has a nasty could/cold) will I be punished?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Have you taken him to the doctor?
Clare
Customer: replied 2 years ago.

Yes I have taken to Doctor he has a bad cough and cold but back to nursery today - seems a little brighter but very little sleep through night (4 hours).

It will be his first visit and its for over two days ninety miles away and I am concerned.

The other issues are that my estranged wife is a ten year overstayer from Jamaica and a letter arrived today from Capita asking her to make arrangements urgently to leave UK whereas she told the famly court at Oxford she had the right to remain (she doesn't) and that where she is taking Gabriel neither she nor her new partner are on the electoral role and there have been threats by them to remove my son to Jamaica previously.

Am very worried - Peter

Expert:  Clare replied 2 years ago.
Hi
Do you hold the child's passport?
Clare
Customer: replied 2 years ago.

Yes I do.

A letter arrived from Capita today asking his mum to leave the country as soon as possible.

His mum bought a passport for herself from Jamaica (it was brought through Heathrow for her) when the Home Office took her original passport so getting one for Gabriel would seem easy for her.

I am very concerned by the whole situation.

Peter

Customer: replied 2 years ago.

Yes I do.

A letter arrived from Capita today asking his mum to leave the country as soon as possible.

His mum bought a passport for herself from Jamaica (it was brought through Heathrow for her) when the Home Office took her original passport so getting one for Gabriel would seem easy for her.

I am very concerned by the whole situation.

Peter

Expert:  Clare replied 2 years ago.
Hi
In answer to your original question I am sorry but if he is well enough to go to nursery then he is well enough to go to contact - and if you do not let him go there is a very good chance that the issue of residence could be reopened if your reluctance continues
The other concerns that you refer to are not new - they are ones which were considered by the court when the order was made.
The letter is a new development but is not as clear cut as you suggest - and in any event Jamaica is a signatory to the Hague Convention on Abducted children which means that the child would have to be returned to the UK
I suggest that you telephone the charity Reunite
www.reunite.org
and discuss with them any measures that you may take to reassure yourself.
Please ask if you need further details
Clare

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