Hi, thank you for your question. What are the arrangements contained in the court order?
Does it state how often you are to have contact?
Thank you - was there provision for alternative supervision (ie. a third party)?
Thank you for confirming. In the circumstances it would appear that you need to return the matter to court for a variation of the order as the current contact centre arrangement is not helpful due to their unavailability. You should prepare other proposals, such as supervision by independent third party.
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Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.
To go back to court you will need to apply using form C2 for an urgent hearing due to the contact centre not having availability and the mother not facilitating the days that they are available.
The court has clearly directed that contact should take place at a contact centre, but if you are able to propose, for example, a mutual friend to supervise then this may be a way forward to prevent contact not taking place due to the availability of the centre.
I hope this has assisted you further. If so, please consider amending your rating.
Age is not a paramount factor when deciding on a contact centre or not - contact centres are usually for parents who have not had recent contact, or if there are welfare or child protection issues that need to be allayed before it moves to an unsupervised basis - you may therefore have argument to have unsupervised contact if you return it to court.
Be aware that there is a £155 court fee to issue the application.
I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris
Where is she going and for how long?
As you have parental responsibility she must obtain your consent to leave the country
The law is that if you have parental responsibility she must obtain your consent if she is planning to go abroad with the child. Your consent cannot be unreasonably withheld and you should urgently contact her to remind her of this. If she is going to an unsafe country or you do not think she will return this will be reasonable grounds to refuse the travel and you should consider applying for a Prohibited Steps Order using form C100 and a £215 court fee if this is the case.
I really cannot comment on that as it should have been raised with the judge to provide an explanation. If she has a residence order (or child arrangement order for the child to live with her) then she is able to take the child abroad for up to 1 month without requiring consent.
Unfortunately yes, the legal position is if she is taking the child out of the country for less than 1 month she does not need your consent or involve you in the travel arrangements.
It is unlikely that a court will agree to discharge a residence order for failure to adhere to contact - there is a high test that needs to be met for this. However, you have enforcement options available if she does not comply with contact order