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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1146
Experience:  LLB (Hons)
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My Partner is a Father of 3 Children and we are going

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Hi,
My Partner is a Father of 3 Children and we are going through a lengthy Child Arrangement Order case. The current order stipulates Indirect Contact for the Father, by way of monthly letters,cards,gifts.Full circumstance is detailed below however; my question is to establish if we are correct in stating;Indirect Contact Order on the Father does not effect his Parental Rights. The Mother currently has sole parental responsibilities however; Father retains P. R and is entitled to order copies of the Children's School Photos.Full Details are:
Currently; my Partner is under an Order of Indirect Contact only; by way of monthly letters, cards or gifts since February 18th 2019.
The Mother sends monthly updates on the Children.July 25th 2019 my Partner submitted a C79 Enforcement of an Order Application; as the Mother's updates were a few ambiguous lines and would not provide photographic proof the Children we're actually receiving the letters and the birthday presents we had sent.August 21st*****found the Mother was complying with the order but not the spirit and stipulated the Mother provide more detailed updates.
(It was discussed that because the Order did not mention photographs, the Mother did not have to provide them but could do, if she wished to. Of course, the Mother does not include photographs. This discussion is not included in the order)A new C100 Child Arrangement Order was submitted September 27th 2019, the 6 months marker Cafcass advised us to re-apply on.Currently; Indirect Contact remains.The issue; The Mother works at the Children's School as Finance Administrator and Receptionist.
School photos of our 2 younger children were taken October 8th 2019.My Partner has had been back and forth via telephone calls and emails with the School to arrange the form to pick photos is sent to him as well as the Mother.The Mother on reception has caught wind of this and her colleague/friend - Assistant Head Teacher responded with this email Friday:"Dear Mr PardoeApologies for the delay in responding, I was waiting for an update from court.It is my understanding that school photographs are not included as part of the order issued by court and, as such, these are not to be shared with you.I understand that this may be disappointing.With best wishes"
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I want to confirm we are correct that the Father's Parental Rights remain regardless of the Mother having sole parental responsibilities at the moment.

Hi, I'm Lea and I have reviewed your query.

 

You are correct that the father's parental responsibility remains regardless of the contact that has been ordered by the court. The mother does not have 'sole parental responsibility'. However, the school are taking the strict interpretation of the order into consideration - and the order does not state that the mother has to provide you with photographs. The school are not entitled to withhold school reports, updates etc. about the children's progress and education, but photographs are unlikely to fall under this remit. The parent with care of the children probably had to sign a release form for the photos to be taken in the first place, which means the photos belong to the mother, not the school, and if she refuses to allow you copies, then that is a matter you'd have to take up in court.

 

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions if you need to.

Customer: replied 8 days ago.
The School are stating it is their decision to withhold the photographs. Does that affect anything?
Customer: replied 8 days ago.
The Indirect Contact does not state no photos it is just the Mother's spite?
Customer: replied 8 days ago.
We were in Court November 27th with a District Judge about the new C100 application. We are waiting for a requested Court Order for my Partner's MH worker, to obtain a report for the Court to establish it is safe for the Father to see the Children.
Customer: replied 8 days ago.
At this point; what is the best way for me to contact the Court regarding the School photos please?

It's not what the order doesn't state, it's what it does. Ergo if the order doesn't state the mother has to provide photos, she doesn't have to provide photos. I can't see how the school are saying it is their decision in the circumstances as it's to do with photos.

 

If you want to receive regular photos you will have to ask for a variation in the current order, ensuring that the mother sends monthly photos (or similar).

 

Kindly rate positively.

Customer: replied 8 days ago.
Is there a Form to request the variation in the Court Order?
Customer: replied 8 days ago.
Never mind, I found it. Thanks

It's the C100.

Customer: replied 8 days ago.
Never mind. Thanks anyway

You're welcome.

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