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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice
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My son went to court and won court order for his son to be

Customer Question

My son went to court and won court order for his son to be dropped off every other weekend last Friday she text my son saying was it still OK to drop him off This she has never done before since start of order in February Then Friday morning his son age 5 phones him saying he didn't want to come but conversation was stop start as if he was being told what to say Has she breeched the court order and what can we do
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Yes, she has breached the order. This is a court order. It doesn't depend on whether his son wishes to come and anyway five year old children don't say they don't want to see their father without being prompted.

The order is to make him available for contact. She failed to do so because she got him to say he didn't want to come.

Just take her back to court for breach. She will get the message in due course. This is just the usual nonsense. She will have been online on one of these mumsnet sites and spoken to other unemployed women who have suggested this. She will work out that it will blow up in her face in due course. The court won't put up with this.

If I give you an example it might make sense. This child probably doesn't want to go to the dentist either. If she were a good parent she wouldn't let him make a decision of that kind. Its a similar principle.

Can I clarify anything for you?

Jo
Expert:  dianne-cssm replied 3 years ago.
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