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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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 have been to a final hearing over my sons access which I

Resolved Question:

I have been to a final hearing over my sons access which I have been obeying. My ex nows wants him overnight which I donot agree to at the moment. There is no order for this. He now says he is going back to court, can he do this as I understood the final hearing was that final.
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 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 2 years ago.

Hello, I will wait today only. If you cannot give me an answer will you cancel the question and refund my fee. The worry and wait is upsetting and I will contact a soliciter. Thank You.

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.
How old is your son and what is the current pattern of contact?
When was the contact order made?
Clare
Customer: replied 2 years ago.

The contact order was made in November2014 and child is 3yrs old. He is deaf an unable to talk at moment.

Expert:  Clare replied 2 years ago.
Hi
What were the actual terms of the Order - and was overnight contact discussed within those negotiations at all?
Clare
Customer: replied 2 years ago.

Fortnightly access 10 til 6. No overnight mentioned an any other access to b agreed. I told him when my son can talk an express his wishes then will consider it. I thought a final order was that, final.

Expert:  Clare replied 2 years ago.
Hi
Sadly no - it is always possible to make further applications to the court as it is understood that arrangements for children do change over time.
However given that the Order was only made in November it is highly unlikely that the Court would in fact agree that a further application at this stage would be reasonable.
On that basis you do not have anything to worry about at this point.
However your wish to wait until your son can express his wishes before agreeing overnight contact is also not likely to be seen as reasonable I am afraid and realistically once the current contact has been running effectively for at least nine months then you are going to have to consider how contact can move forward - providing of course that it is safe for it to do so.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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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