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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33293
Experience:  25 years experience of all aspects of family law
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My ex has been nowhere near my children since my son moved

Customer Question

My ex has been nowhere near my children since my son moved back in with me 15 months ago, the children dont want to see her, but now she is taking me to court for breach of a contact order, what are my options given that the last time my daughter saw her my daughter was kicking and screaming and flat out refused to see mum, and my son says that he doesnt want to see her again (son is 11 daughter is 9) both lived with me since my daughter was a few weeks old
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
I forgot to say my son didnt get on with one of my ex girl friends and wanted to move in with mum so i let this happen. But he was only there for 9 months and in that time he was suspended from school for carrying a knife. When he came back to live with me he was seen by an education welfare officer who he told mums boyfriend used to be rough with him and used to apply pressure to his pressure points.
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you

What does the Order actually say and when was it last abided by

Clare

Customer: replied 1 year ago.
The order was made in 2008, and it stated that I would make the children available for contact at the weekends. She did get a warning attatched to it about 5 years ago, but I was never summonsed to court, but I would have attended at the time and defended myself due to safety concerns that I had and they were logged with social services. My daughter has not had contact since July 2013 and my son has not had any contact since May 2014. I have had only a couple of text messages in that time but (none asking about the children, but more threatening to take me to court). The last message I received was on the 21st August stating that she had sent the court papers off and that I would have to pay a lot of money because I was taking her to court?
Customer: replied 1 year ago.
Any advice?
Expert:  Clare replied 1 year ago.

Have you actually been served with papers relating to the "breach"

Customer: replied 1 year ago.
No not yet, but will be only a matter of time so i need to know what my options are before hand.
Expert:  Clare replied 1 year ago.

Things are not as bleak as you fear.

The long Gap in contact means that the Court will not simply enforce the existing Order

instead the whole issue will be looked at again

Given the history it is unlikely that contact will be ordered unless it takes place at a local Contact Centre

www.naccc.org.uk

to see if your ex is capable of establishing a meaningful relationship with the children in a safe environment.

Attending Court should not cost you anything except time (and annoyance) the loss of Legal Aid for such cases means that

most parties represent themselves in any event.

I am sure you may have other queries about this - please feel free to ask them!

Clare

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