UK Family Law
Ask an UK Family Law Question, Get an Answer ASAP!
4 years old (5 in August)
Can we have background leading up to this please from when the child was born?
How much involvement did father have in child's life?
Is the child protesting or is the mother saying this?
The father, until recently, had consistent contact from about 1 month after birth. The mother later denied contact which led to the court case. It was in light of this lapse in contact that CAFCAS and the court decided on the extended period of re-establishing contact.
I believe the child is protesting (the mother will certainly not be encouraging the contact) but no reason is being offered for this apparent change of attitude.
I find it hard to believe (so would court) that a 4 year old who has had constant contact until recently, is calling the shots.
Is it the mother or is the child screaming and crying when contact takes place? How is this reluctance communicated?
I believe that the child is crying and has expressed that she doesn't want to go. The mother has refused to put the child in the car and the father doesn't want to force this issue as it could be easily taken out of context. The father is becoming increasingly frustrated by the situation, particularly as he has had to go through the protracted court procedure and has in essence achieved nothing.
Previous contact was on the whole with the mother being present. It was the break down in this relationship that forced the court case. The mother refused mediation prior to court.
Whilst I cannot say that the mother is engineering this situation I would suggest that it definitely plays to her advantage.
If hedoesn't want to force the issue, what exactly does he want to do?
Contactwith mother present is never satisfactory and the courts will not order that.
If shedoes not facilitate contact, and it goes back to court, she will have thewarning in the contact order highlighted (all the orders contain a warning) andif she does not facilitate contact, she is likely to be ordered to do communityservice and will end up with a criminal record.
Hopefullyshe will see her solicitor who will advise to facilitate contact
thisexplains a little more http://www.blanchardslaw.co.uk/blog/how-do-you-enforce-a-contactaccess-order/
Can Ihelp further?
Pleasedon't forget to positively rate my answer service (even if it was not what youwant to hear). If you don't rate it positively, then the site keep your depositand I get 0 for my time. It is imperative that you give my answer a positiverating. It doesn't give me "a pat on the head", "good boy" (like ebay), it ismy livelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
To clarify one point: The 'hand over' for contact is usually at a local leisure centre. The issue that he does not want to 'force' is to be seen to be taking a screaming child from its mother and driving off with her. He also feels that the hand over should be more of the mother willingly handing over the child than him taking her.
He absolutely wants to maintain contact with his child and has already fought to do this via the family court system.
The question really is what to do next? Is there something that can be done before instigating court proceedings?
I canappreciate that he does not want to go to court and by the same token he doesn'twant to beat his X with a stick.
Shewill not agree to mediation and clearly is ignoring things.
Mysuggestion would be strongly worded solicitors letter threatening another courtapplication to enforce the order.
Iwould arrange the contact handover to take place somewhere else. At this stagein time, the fact that the child is crying probably suits her as does the factthat it's in public.
Thereis no magic solution I am afraid I'm sure that you gather that already beforeasking the question on here
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).