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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a Residence and Contact order on my son who was born

Customer Question

I have a Residence and Contact order on my son who was born in 1999. The court order is dated 11 December 2008.
Recently my son decided that he did not wish to see his father on the basis of the order and as he is 15yrs old now I respected his wishes only to receive a letter from my ex's solicitor reminding me of the order and that if our son does not see him on said dates - letter states " Notwithstanding the aforementioned, further legal recourse is an option if our client is not forwarded the opportunity to see his son". My son has told his father that currently he not seeing him as he has exams and wants to revise. I do not wish to be brawled into legal battle. I do not interfere with my sons communications with his dad. Please advise.
Submitted: 2 years ago.
Category: 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.
When will your son turn 16?
Clare
Customer: replied 2 years ago.

Hello Clare

My son will be 16 on September 11th 2015.

Customer: replied 2 years ago.

Hi Clare

My son will be 16 on September 11th 2015.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Whilst technically the Court Order remains valid until your son's 16th birthday the simple fact is that at 15 your son is entitled to make his own decisions on contact - and the Court will not enforce the Order against his wishes
I suggest that you write to the solicitors and reminding them that your son is 15 and entitled to make his own choices.
Say that if they take court action then you will have no option but to apply to vary the order.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare

Thank you so much for your response which has put my mind at ease a little. I would just like to ask one further question - please could you explain what "to vary the order" means.

Thank you

Expert:  Clare replied 2 years ago.
Hi
My apologies - using jargon is a bad habit.
If your ex is foolish enough to go to court then you will ask the court to change the order to reflect your child's wishes
Clare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much. This makes it easy for me to respond to his solicitor.

Kind Regards

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare