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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3492
Experience:  LLB (Hons)
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I have two sons from a previous marriage aged 10 and 12. We

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I have two sons from a previous marriage aged 10 and 12. We have had a court order in place for the last 6 years. My eldest son has been sent home from school today due to being in close contact with another student who has tested positive for Covid 19. It's his weekend to spend contact time with me his father but mum is declining and only letting me see my youngest son. My question is can you self isolate between households of parents as long as you don't have symptoms? Can mum stop me seeing my son? If I called the police would they have to enforce the court order?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: 6 years ago we had a final order which stipulates our contact times. It's a legal document. I spent nearly £40,000 getting my boys back. It's evidences that this weekend is my contact time.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Nuneaton Justice Centre
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, I'm Lea

I am sorry to hear of your dilemma. If the child is isolating, then you cannot have contact with him, that would defeat the purpose of the isolation.

THe police would not get involved in this - they are for criminal matters and this is a civil matter. If you felt the mother breached the order without reasonable cause, your route to enforce would be via the courts by way of an enforcement application on form C79. I do have to forewarn that given the child has been sent home to isolate, it would appear the mother has good reason to not follow the order and therefore you are unlikely to get a good outcome from an enforcement application.

I know that this is not the news you want to hear, but I have a duty to give accurate guidance. You could suggest spending some time on Skype/video calls with your child instead - or arrange to have him for extra time once his isolation period is over.

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Customer: replied 16 days ago.
Thank you Lea. I understand. Difficult times with Covid currently. It was just horrible to hear my son upset wanting to see me. Thank you anyway. How do I cancel my membership now?

It is horrible, and upsetting for both you and your son - but I do think that planning something nice with him on an additional weekend another time will help. The mother should agree to this as it is reasonable.

You will need to speak to customer services about your account as I don't have any access to that info.

Customer: replied 16 days ago.
Thank you. I have cancelled my membership now as I only needed to know that question. Thank you for your time Lea and quick response. Kind regards.

You're very welcome.

Thanks for using JA.