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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 1714
Experience:  Bar Professional Training Course
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Can you please advise me on what I should do with my son

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Hi there, can you please advise me on what I should do with my son regarding seeing his father during the Covid 19 as his father is not sticking to the government guidelines. Than you
Customer: replied 7 days ago.
Hi there, is there anyone answering questions today ? X

Good day your question has been forwarded to me to see if I may be able to assist

What is the court order that is in place currently? And what is the father not doing?

Customer: replied 6 days ago.
There is no court order at the moment. We just have a verbal agreement as to when he sees our son.

And what has he been doing that you are not happy with?

Customer: replied 6 days ago.
He has been mixing with people throughout the lockdown period and I live with my parents and my father is high risk.

I understand. The truth is with no formal court order in place, you would not be able to take him to court for not sticking with your agreement. He also could not do the same to you. It would be different if the court had ordered contact. Because, in those circumstance either party could go back to the court to seek enforcement orders.

What I recommend therefore is to see whether you could speak with him to see what could be formally agreed between you in relation to contact. If you are worried about the exposure to your little one, you could simply use this as a basis to refuse contact at this time. What you could propose is for contact to be done using alternative methods such as via video or telephone calls. The key thing to take away really is whilst you could not refuse contact forever, certainly during this time if you are worried you could refuse physical contact until circumstances change.

Hope I clarified things for you. Kindly let me know if I may be of further assistance.

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All the best

RL

Customer: replied 6 days ago.
Thank you so much for your help. I have asked my ex partner on numerous occasions to meet me with our son but to social distance. He has only done this about 4 times during the lockdown period. I also let my son face time his daddy and call him but my ex still says I’m doing wrong by not letting him have full contact with our son even though he knows my father is at risk . My father has also sent him an email trying to explain our circumstances. Thank you once again x

You are most welcome. Ultimately you have to do what is best for your son particularly as you have legitimate concens.

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