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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 25466
Experience:  Senior Partner at Berkson Wallace
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Family law, Rochdale, text, call email, I am wanting some

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Family law
JA: Where is this? It matters because laws vary by location.
Customer: Rochdale
JA: What steps have been taken so far?
Customer: text, call email
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Hi, I am wanting some advice on a family law mater. We have a child arrangement order in place based around our child having contact with father, but he is now working during his contact time, which he wasn't doing surrounding the order being made, as it was made on his work schedule. She only goes one over a week. 26hours to be exact. I want to know my rights with this
JA: Have you talked to a lawyer about this yet?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thats all in a nutshell
Customer: replied 4 days ago.
Here is court order and amended. He is refusing to tell me what he works when is caring for our daughter. All proceedings and letters to and from were all based around him "spending quality time together" and now he goes to work - didnt work the weekend hours during court as it was asked of him what he works

I think what you are getting at is that he is working during the loss of contact time and somebody else is looking after the child so the child doesn’t actually getting the contact.

If that’s the case, then if you want tell you when he’s working, it’s a court application to compel him to tell you when he’s working and an amendment to the order so that the contact time fits in with the work time.

AND because he’s being simply unreasonable you also asked the court to award costs against him.

Costs are not routinely awarded in the family court unless one party has been unreasonable and there is absolutely no reason why he should not tell you when he is working.

If he continues to be awkward, then you cannot be seen with a blunt instrument until he capitulates and tells you and court really is your only remedy. He is likely to be castigated by the judge for being unreasonable.

It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and 2 other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
Thanks, ***** ***** he had lots of contact and had to work during some of this but he only (through his own choice) has one day a week. Friday 3:15 - Saturday 5:30 and it has now come to light that he actually works during this time. Which he spent so much money, got an order for this. To now simply work some of the contact time. The court order was and is pointless if this is the case. I think he is awaiting advice from his solicitor as to whether he is doing the right thing and if he needs to tell me his working hours that fall witihn his contact

It’s not telling you what the working hours are per se, it’s telling you what I was he is available or not available for the contact. Remember that contact is for the benefit of the child, not the parent.

My answer remains the same and there’s no reason why you shouldn’t bully his solicitor.