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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27799
Experience:  25 years experience of all aspects of family law
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contact orders ect

Resolved Question:

Hi when my son was 6 months old my ex took me to court saying i was stopping contact which i wasn't, anyway the courts saw this and we went on at my suggestion to go to mediation while there i told him i would be moving to London from Kent where my ex lives. ( i had to move cause i was living with my mother and she was moving i had no other family in kent at the time) anyway we decided he would see our son once a fortnight for the day anyway he never happy always complaining that i stopping contact still and looking at diary he only one that stopped it this year because of weather or car broken down and could see it heading back to court by things he was saying so i contacted a contact centre local to me and got the pick ups from there so its logged. overnights started about month and half ago and so far he had him twice overnight pick up 12 drop of 11 next day just till our son gets used to it he is now 3. i have imformed him times will go up but i wanna be sure he coping cause we tried nights when he was year and half and he freaked out. anyway instead of talking to me i got a court letter that he taking it back to court and my ex has told me since he wants friday to sunday which i think is too much for our son to cope with right now i am happy for hours to go up but think this is asking to much of our son to cope wit. he also wants court order cause he says that i keep stopping contact hence reason i took it to contact centre to prove he is having contact, he was meant to have overnights last weekend but didnt show up there, and he told lady at contact centre on phone he wasnt meant to have him but i have the dates written down and copied for him. the judge said at last court date i am to have his rota and give him dates so he had this lot since april. that was last dates on rota as he told me he getting new rota which he now saying he wont give me. and he told me he wants him end of this month but that weekend is my new sons first birthday so we having a little party at my inlaws who live in kent near by to him so i said that cant do overnight as ryan wants to be at party but how about i meet him at library at 8 in morning and pick up 12 so he still gets to see him to which he refused. i hate going back to court i have asked him to go back to mediation but he refused is there anything i can do and how will the court see this and how likely is he to get two nights now. i know he will have two nights in future and dont mind that but right now i really feel it would be too much on our 3 year old. he also wants my new partner to meet him half way down motorway to pick ryan up or pay for his travel, but i dont see why we should and he always having ago at us saying my other half and his family are not important in our sons life.

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question I shall do my best to assist you
Given that overnight contact has only just begun you have little to fear from this court application - it is reasonable for you to want a slow introduction and to move at a pace that works for your child
So whilst he will get an Order and a starting date for the two nights it is not likely to be immediate.
If it is possible to meet somewhere reasonable then offer to do so - but you do not need to pay for his travel at all
I hope that this is of assistance - please ask if you need further information
Claire

Customer: replied 1 year ago.

ok thanks can i ask that it stays at the contact centre for pick ups because i dont trust that he wont try and take it back again and i want proof he is having contact and when he doesn't come ect. i also heard of a Vexatious Litigant. the last court told him a court order wouldnt suit him as he was seeing his child and i wasnt stopping him. and that we ddint need to be back again this was the second time he had taken me back the next in august will be third it causes me so much stress and wondered if they would class him as Vexatious Litigant.

Expert:  Clare replied 1 year ago.
Hi
Yes that is a reasonable request in the circumstances
Equally you can indeed ask the court to make a S91(4) Order preventing further pointless applications - some details here
http://www.familylawweek.co.uk/site.aspx?i=ed84124
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27799
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you

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