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 ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 763
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

My son has been in court the past 2 years, fighting to get

Resolved Question:

My son has been in court the past 2 years, fighting to get access to hi 4 year old son.
He used to have access every weekend but his ex partner started denying access after he told her about being in a new relationship.
Despite a final court order when my son got substantial access she still continues to breach. It's costing me lots in solicitors' fees and have already spent 12k.
The ideal would be for her to be penalised but because she has 2 other babies by another man she gets away with it. Any suggestions?
Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am sorry to hear about your frustration after having obtained a Child Arrangement Order but facing a mother whom just won't comply.
The correct process is for your son to return matters back to court to seek enforcement of the court order. The courts do have power to order unpaid work, compensation or even review any position in relation to residence.
It is a shame that legal aid is no longer available for these types of cases. It does sound like your son has a good basis already from his extensive contact order. It is widely accepted that a lot of patents can no longer obtain legal aid - with a good order behind him then perhaps he can seek to enforce on his own?
It is true that courts are unwilling sometimes to penalise, but if the mother is continually flaunting the court will listen and eventually penalise.
Perhaps she's hoping that your son will just give in? He should persist.
Kind Regards
Caroline
Happy to discuss further - please rate positively
Expert:  Thomas Judge replied 1 year ago.
has the court considered that the mother is intractably hostile to contact?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The court will likely agree that the mother is implacably hostile to contact if the father has to make an application to enforce and the mother has no good reason for no making the child available as per the current order.
The enforcement powers of the court are as I have detailed above.
Kind Regards
Caroline
Positive feedback gratefully received. Thank you.
Expert:  ukfamilysolicitor replied 1 year ago.
Please remember to rate positively
Kind Regards
Customer: replied 1 year ago.

Thank you for your replies, I believe that by continuing here I won't be charged. The Court did note that she is extremely difficult to deal with.

She gets away with penalty for breaching in exchange of agreeing to

more contact. She agrees in Court but then breaching again and so it goes on.

Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome.
You are correct you question will not close and I will still be able to discuss this matter with you.
I would be grateful if you could provide a positive rating for discussions to continue.
Kind regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 763
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters