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This is something we have spoken to my son about. The court apparently told him that if he hadnt have signed the court order he would have even less contact than what his estranged wife wanted, Are you saying that he neednt have signed the order?
If so, can he now contest it as he feels as though he is unable to do anything.
Regarding his son's school, that is also something we have been speaking to him about and suggested he writes letters (so he has written evidence of his attempts) and also notes in a diary the times he is meant to see the children and unable to- to everyone who is in an official capacity, school, social services - any others you can think of?
What do you suggest we do?
Also, one of the reason's my son had left his wife was due her unacceptable controlling behaviour. This resulted in me being banned from seeing the children for no reason at all, I never seen them. the court order states that the children are not to have any contact with me - can this be contested? Is this ban legal? I own a reputable business and well regarded locally.
Have you received my response to this?
No concerns were raised by CAFCASS. My son was told by the court that because he and his estranged wife had different ideas of visits if neither f them agree then the court's decision would have been less favourable for them both, so he signed it.
No my son was not represented at the court.
My son signed the Order thinking that visits would increase as per the Order but the Order also stated that the mother could change this at any time. My son is extremely concerned over the emotional effects this is now having on his children as vsiits are very sporadic, i.e when he arrives to pick the children up, they are either not there or his says he doesnt want to go, he is 6 which is VERY unusual.
That Matthew can see the children for 3 hours on a Sunday and one hour on a Wednesday evening, and that the mother will consider increasing these hours regularly to build them up but it also says she has the right to alter if she wants to. Furthermore, it states that the paternal grandmother is to have no contact with the children. There is no reason for this.
Concern has to be for the children here in the first instance and get the situation changed so that Matthew can have the children every other weekend and see them every Wednesday. Can this happen?
He has never had them overnight, he has never been allowed to. The 3hours he sees them, when allowed on a Sunday means he is unable to take them to see any of his own family.Matthew lives in Plymouth, I live in Swindon and his fathers family live in Poole, Dorset
18th October 2012 at Plymouth Courts
Thank you I will speak to my son.
What he is fearful of is that the courts will take the ex wife's statement request as they did before. The last Order cost him £215 and another would cost this again without knowing if he would be successful or railroaded again. What he had in his last Order request was completely reasonable but he lost.
Do you know what the court meant by ' if neither of you agree then the court decision would be even less favourable to you both?'
I am also assuming that Mediation success requires both Matthew and his ex wife to take part?
lastly, the last Court Order included a sentence barring the paternal grandmother from having any contact with the children. Is this acceptable to the court? or can it be disagreed with and overturned if no reasonable explaination can be given why?
OK, I understand now that the Court appearance they both went to was just a start and if further appearance is required then a full hearing is needed. I am now assuming this is a costly situation?
In your opinion, how likely is matthew going to get agreement with the Court to have sensible visits and overnight stays to see his family?
Also, is it legally enforceable to barr the grandmother from contact with the children if she is a good person and no valid reason not to?