Family Law - Infringment of Contact Order.

[Hercules]

Hi all,

 

Just a quick question, I have a basic contact order with my daughter that was arranged less than 2 months ago at courts as my ex was refusing access. Now the contact order is in place (that states weekly overnight stays) has been stopped because I advised her I was going for more access and she got annoyed. Now she says she has sought legal advice and that she should with-hold access completely until the next court date unless i sign a contact agreement drawn up by her solicitor?!?

 

Can she demand this? or is it a case of similar when i initially spoke to a solicitor and they recommended sending a letter/contract as a means to make money and avoid court but has no real legal value. Surely she can't overule what the courts say?

 

Thanks

 

Herc

[Big Boss Man]

Hi all,

 

Just a quick question, I have a basic contact order with my daughter that was arranged less than 2 months ago at courts as my ex was refusing access. Now the contact order is in place (that states weekly overnight stays) has been stopped because I advised her I was going for more access and she got annoyed. Now she says she has sought legal advice and that she should with-hold access completely until the next court date unless i sign a contact agreement drawn up by her solicitor?!?

 

Can she demand this? or is it a case of similar when i initially spoke to a solicitor and they recommended sending a letter/contract as a means to make money and avoid court but has no real legal value. Surely she can't overule what the courts say?

 

Thanks

 

Herc

 

Sorry to hear about your problem.

 

I went through similar problems quite a few years ago, things start amicable and then go sour, especialy when the father suggests changes.

 

With regard to your contact order, was this an order that a judge proposed or was it an order that both you and your ex agreed to ?

If its what the judge has ordered, i would seek immediate legal advice, as she is wrong to do this, its not that you have been violent towards her, i would not sign what she is stating, only sign if its what you want and after seeking advice.

 

In any event, discuss what you would like in terms of contact with your solicitor, they will talk to your exs solicitor, if your ex continues to be unreasonable you will have to face the court arena, sounds daunting but dont worry, lots of people have been there, including me, so theres lots of advice waiting.

[raydetinu]

She is wrong to withold access under the present order and if she persists complian to the court. Your new application has no bearing on the present existing one until modified by the court or agreement.

[ErikaPNP]

She cannot with hold access under court order. The only people who can do this is the Social Work department with the power of the police for a maximum of 72 hours (upon which they will get an emergency court hearing) if they deem there to be a risk to a child's life.

 

You have an order in place by the court which stipulates contact. She is very very foolish to ignore this as it can (and bloody well should) be used against her in any future court hearning re access.

 

Contact the police, show them the order and explain that she is blocking access.

They may fob you off as Family law is a matter for the civil courts but flouting a court order is a criminal offence.