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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My almost 8 years old son return from a staying contact with

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My almost 8 years old son return from a staying contact with his father. He informed me that when his father is angry, he is hitting him and pushing (sometimes into the wall). My sons school referred this to SPA team on Friday. Two social workers spoke first to my son and then myself. My son told them everything and more. I informed the social worker that there is a contact order in place and that the next contact was due soon. I was told that they will contact the father on Monday to let him know not to collect my son for contact. The social worker rang me and told me that they are working together with the police and i was given a ref.number. I was told that in this case they can stop the contact. My son was interviewed by the police. The next day the social worker rang again and told me to contact a solicitor as they can not stop the contact. She said neither them (Social Services) or the police have the power to do so and therefore the father can come and collect my son. She also said that my son told them he would be happy to see his dad on Tuesday. I explained the situation to my son and immediately he burst into tears saying that he didn't say which Tuesday and that he is not ready to see his father as he is still scared of him. The contact order has a warning attached which says;"Where a contact order is in force: if you do not comply with this contact order- a) you may be held in contempt of court and be committed to prison or fined….." What should I do if my son is not ready to see his father?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact is he meant to have on Tuesday and what is the usual pattern of contact?
Customer: replied 4 years ago.


It is a staying contact every week from Tuesday to Wednesday and a staying contact every other weekend.

Have Social Services spoken to your ex do you know?
Customer: replied 4 years ago.

social services have not spoken to him yet, apparently they will see him sometimes next week

Has there been any breach of contact before now?
Customer: replied 4 years ago.

Not form my side, but my ex is regularly cancelling or rearranging contact using any excuse.

Have you ever cancelled contact yourself?
Customer: replied 4 years ago.

I don't think so.

At this stage you have a couple of options.
You can simply refuse contact at this stage and say that you will review it next weekend
This will give Social Services time to speak with him.
You can then arrange to discuss matters with your ex using Family mediation ( to discuss the way forward.
If he applies to the court to enforce the Order you can inform the court about the involvement of Social Services who will have records of this complaint
Alternatively you can make an urgent application to the Court to vary the Order
This could be confrontational especially as Social Services are likely to sit on the fence at this stage
I hope that this is of some assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you