Hello, I am LawDenning and I am a practising solicitor in a High Street practice. I have beenan expert on this website in UK law since 2008. During that time, as youappreciate, I have answered thousands of questions from satisfied users on avariety of subjects.
Because we are all inpractice with clients and court and other users, I might not always respond in minutes, particularly evenings andweekends. Please bear with me in that caseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Why doesn't he justcarry on and get the order for contact regardless of what she agrees in theinterim?
A resident parent will not be able to avoid a non-resident parent seeingthe child and if the resident parent refuses point-blank, the matter will endup in court. The resident parent would be better offering some contact. Theyshould both try to resolve matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php
Although it is quicker and lessconfrontational than court it isnt necessarily cheaper
If thisfails then the non-resident parent being denied contact can then apply to thecourt for a defined contact order which will formalise arrangements.The necessary forms are available on the herehttp://www.thecustodyminefield.com/ .
The only reason acourt will order supervised contact is if the child is at risk for some reason.Contact supervised by the mother/with mother present doesn't get ordered.
If the court consider it necessarysupervised contact would be at a contact centre.
Once there is acontact order in place, if she still starts messing about with contact, he canapply to court to enforce the order and if she still refuses she can end upwith a criminal record and a community service order.
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
Pleasedon't forget to positively rate my answer service (even if it was not what youwanted to hear). If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
The threaddoes remain open for me to answer follow-up questions.
I amoffline shortly until later and will pick this up then if needed.
Thank you for coming back to me.Your advice has been very helpful i am printing it off now and will give it to my partner tonight.On your first point about not carrying on with the contact order he just wants to resolve it without other people getting involved he doesnt understand why he cant see his daughter and why his x partner is able to dictate this he is a good dad pays maitenance but she just wont allow it.He has only ever gone to a solicitor as a last resort and has been told that it could take a couple of months before he sees his daughter so when after a couple of weeks his x partner says she can see her he jumps at the chance which i would myself being a parent. i really appreciate your help.
Unfortunately,if he doesn't want anyone else involved, and she takes no notice of him, shecan continue to walk all over him as indeed she has been doing. He cannot beather with a stick until she allows contact and therefore, unless he is doing ithimself, he is faced with mediation or, if she will not agree to that, going tocourt.
Hisex-partner is not able to dictate this and if she carries on as she is doing,she will end up in court.
The problemis that he sees a solicitor, she agrees, he drops the solicitor. She withdrawscontact. He is back to square one. He needs to see a solicitor and see theprocess through to the end. If he doesn't, he will still be in this situationwhen the child leaves school.
He needs toget what she agrees set down into a court order.
It isunfortunate that by virtue of him being reasonable, she is taking advantage
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).