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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I went to court not even 2 years ago and at the final hearing

Customer Question

I went to court not even 2 years ago and at the final hearing a court order was granted out ling when our son could see is father, including summer holidays, birthdays and Christmas. Our son goes to see father once every week night and sleeps and every other weekend, going Friday after school and comes back 1pm on Sunday. Now is father says he going back to court so our son will stay over on the Sunday night too. This will mean our soon will be away 4 night and he is only 5 years. I feel our son is only just growing into the current order, I can not see why it should be entertained, its almost slamming the judgement of the last court hearing. However what I feel is not necessarily a reflection of what may happen next. If my sons father is willing to pay is it likely we will end up back in court?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is your main objection to the change?
Customer: replied 2 years ago.

My son is 5 years old I feel a 4 night stay is way too much. I feel the contact is good and that is why a judge sanctioned in November 2013. I did not expect to be going back as I mentioned I feel our son is only just growing into the last order. I made no real objections during the last court hearing as obviously our son was not going to stay 3 yrs for ever and would grow into the order. I did not make it difficult I did want all documented in an order to prevent my sons father just bringing him back when he saw fit and because at the time he was coming to my home with my son causing a problems and shouting. Which has stopped since the last order was implemented.


Expert:  Clare replied 2 years ago.
How would it be four nights?
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Friday, Saturday, Sunday and Monday which is weekly contact. The following week it will be Monday night.

He states our son cries to stay more, though I know he has been telling him he can go when ever he wants. This was brought up at the last hearing talking to our son about contact.

Our son sometimes gets up set not wanting to go he wishes to stay home but it is the order that he goes and I know when he gets there he is happy to be there. I would not seek to reduce contact on this basis.

Plus our son is happy when he returns on a Sunday we tend to visit family. There are times when our son clearly has stayed up late and is cranky and slept when he as got home on these occasions we cancel our plans.

I know our sons father is manipulative and tell lies, of no interest to the court I know. But recently he did not give our son his medication to keep his airways open at night but proceeded to give in the morning and did not inform.

Fortunately our son informed me and said he told is dad no. ! I could have doubled dosed our son if he had not passed on this info !! very dangerous. it is not so much he forgot but very worring he gave in the morning and did not tell me. It is clearly stated in the literature only to be taken at night and if not taken wait till the following night. We just lucky our sons breathing was relatively ok on that night. He dismissed is actions.

Customer: replied 2 years ago.

Friday, Saturday, Sunday and Monday which is weekly contact. The following week it will be Monday night.

He states our son cries to stay more, though I know he has been telling him he can go when ever he wants. This was brought up at the last hearing talking to our son about contact.

Our son sometimes gets up set not wanting to go he wishes to stay home but it is the order that he goes and I know when he gets there he is happy to be there. I would not seek to reduce contact on this basis.

Plus our son is happy when he returns on a Sunday we tend to visit family. There are times when our son clearly has stayed up late and is cranky and slept when he as got home on these occasions we cancel our plans.

I know our sons father is manipulative and tell lies, of no interest to the court I know. But recently he did not give our son his medication to keep his airways open at night but proceeded to give in the morning and did not inform.

Fortunately our son informed me and said he told is dad no. ! I could have doubled dosed our son if he had not passed on this info !! very dangerous. it is not so much he forgot but very worring he gave in the morning and did not tell me. It is clearly stated in the literature only to be taken at night and if not taken wait till the following night. We just lucky our sons breathing was relatively ok on that night. He dismissed is actions.

Expert:  Clare replied 2 years ago.
Might you be more willing to agree if the Monday night was moved to tuesday instead?
Expert:  Clare replied 2 years ago.
I should make it clear that this doe snot mean I think you should agree to that - I am just trying to see all the options before helping you work out the next steps to take