HiMy brother and his ex-partner have a parental agreement in place where their son lives with her and then spends his holidays with his father. His Mother is now denying my brother access to his son because she is saying that she has that right too. Could the parental agreement that was in place previously be changed without my brother being aware of it??
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The parenting agreement can only be changed by both parties. It is like a contract and can be varied, but any variation must also be agreed. So in this case his former partner cannot just change because she feels like it. If there is difficulty with contact, and the parenting agreement is clear but she will not comply with the agreement, then unfortunately he will have to see his lawyer to start a process of enforcing the agreement. They should try a mediation at first if she still refuses to comply with the agreement.
Thank you for your advice, this has been helpful, I know that the information supplied is vague and has many holes in it, but that is basically the gist of the problem...they have tried mediation and it has not worked! My nephew has always wanted to live with his mother who is very manipulative. When my nephew visits, we always have trouble getting him to go back to his mother, with no encouragement from either of us here, I have how ever tried to encourage my brother to set up a handover with Barnado's which maybe easier, if my nephew's mother is able to come and collect him which maybe easier for all concerned. My brother is currently seeking legal aid which we hope to set up tomorrow
LLB MMgt FAMINZ 32 years qualified as lawyer
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