How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2278
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Law Question Here...
Jeremy Aldermartin is online now

My partner has a contact order with his son every other

This answer was rated:

My partner has a contact order with his son every other weekend and phone calls. This has been in and out of court with the mother making false accusations and being found to be doing so to the point at the last hearing she was told she can no longer take it to court and they would consider changing residency to my partner if she did it again. A couple of months ago my step son started to refuse contact and saying he is scared of his dad which is rubbish they had just been away together for a weekend and he had said he
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Had a great time. Anyway my partner decided to not force him to come at weekends but to stay in contact via phone his ex has now blocked his and my numbers and blocked them on his sons phone
Assistant: 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: What is the next step
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: If we take it back to court now he is 12 we are worried his mum has manipulated him that much (which she has been proven to do previously) that we will lose all contact anyway

Hi thank you for your message, I can assist with your query.

Customer: replied 6 days ago.
Ok
Customer: replied 6 days ago.
Pls reply through this

Hi thank you for your message, the only real recourse is to try to enforce the original order I take it there is currently a child arrangement order in place?

Customer: replied 6 days ago.
Yes but if we take to court and child says he doesn't want to come will they still inforce

Hi thank you for your message, so when the matter goes back to court the court will consider if there has been a change of circumstances and part of this could involve getting the view of your son in law but that is not the only factor maintenance of contact with both parents is very important especially when the child is still relatively young at only 11 years old. Furthermore, the court might ask your son in law relevant questions like why is he suddenly saying he does not want contact with your partner when recently he went away with him and expressed the view that he enjoyed it. The alternative in any event is you do not seek to enforce it and then your partner and yourself do not see him anyway at least this way there is a good chance that could change. If you did want to go down this route you will need to

You will need to fill in this form: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

read the guidance here to assist you: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5

Use form C78 to attach a ‘warning notice’ if your order was made before 8 December 2008. Orders made after this date will already include one: https://www.gov.uk/government/publications/form-c78-application-for-attachment-of-a-warning-notice-to-a-child-arrangements-order

Send it to the court nearest to you that deals with cases involving children, you can find it here: https://courttribunalfinder.service.gov.uk/search/

It costs £215. The court will look at the facts again to see if anything has changed.

Depending on your situation and what you’ve asked the court to decide they might make: an ‘enforcement order’ - this means the ex-partner has to do between 40 and 200 hours of unpaid work, an ‘order for compensation for financial loss’ - this means the ex-partner has to pay back any money you’ve lost because they did not follow the order. You can go back to the court if the ex-partner still does not do as the court ordered. You can also ask the court to vary the order.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and other Law Specialists are ready to help you