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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33671
Experience:  Over twenty-five years experience
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I have a contact order with my ex husband to see the

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I have a contact order with my ex husband to see the children. I have to travel a 180 mile round trip every third friday so that my elderly parents can facilitate handing the children across. I left my ex husband as a violent alcoholic but as he never hit the kids he was rebranded access and I have been running the children back and forth for 5 years. My daughter has a week of exams next week and I have asked my ex to let the children return to my parents to sleep overnight as live locally to him and he is refusing to facilitate this. My daughter has to wait up on saturday night until he and his new partner want go to be and she has to sleep on the sofa which she states is uncomfortable. My son hates going regardless as has to share a bed with one of his half brothers. Can i refused to take the children down if they refuse to go as there is a contact order in place. Ex is refusing as he enjoys having power over me a uses the children as his only means to do so.
How old are yhr children?
Customer: replied 15 days ago.
Children are 9 and 11
Customer: replied 15 days ago.
can’t talk on phone right now just need to know if kids say they don’t want to go can i refuse to take them
Customer: replied 15 days ago.
i am unsure if you are going to give me an answer?
Customer: replied 15 days ago.
I have replied several times with no answer

Thank you for your note but we go to sleep. When the children get older the court will listen more to their wishes and feelings. If the children are saying that they will not go then the older they are the more likely that the court will stop the contact going forward - this usually happens at the age of 12 or 13. Happy to discuss and please change the rating if you require further help.

Do you have further questions

There is another thing that would make a significant difference

Customer: replied 9 days ago.

You have given me a ?

Very happy to discuss and explain further but please change the rating from negative so that I can do so

Thomas Judge and other Family Law Specialists are ready to help you

The fact that the children are refusing to go and he is acting like a jerk does allow you two options. The first is to say that he is in breach of the order and apply to the court for an enforcement order (form C79) or and this may be the better option you take the matter back to court to vary/suspend the present order (C100). I have attached to help you a link to a fabulous book on amazon for about a tenner which talks you through without a lawyer the court process - https://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X

Happy to discuss further