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Hi All,
Want a bit of advice on an issue I have with my daughters mother about Easter contact, Ill write the relevant parts of the court order then explain:
"And upon the parties agreeing that overnight contact will commence on the basis that Name is agreeable and comfortable. In the event that Name is not agreeable and comfortable with overnight contact, the father will have day contact.
3. (iii) The Respondent Mother do make the child available for Easter contact for at least two extra overnights with one month notice of dates in writing."
My daughter has been staying with me overnight for the last six months, lately my ex has become awkward again with regards to contact and over Easter she has told me that my daughter will not be staying overnight because "she doesnt want to", I am 99% sure this is her Mothers influence though.
My question is, since overnight stays commenced and have been commencing with no problems or issues since October 2012 can she really stop me having my Daughter overnight? One of the nights she has said I cant have her is one of our regular overnight contact days
Seems the wording on the order state that if overnight stays have commenced then all other overnight stays should stand?
She has also left it till exactly one months notice to tell me this though she has had the letter for two weeks, so this is semi urgent.
Thanks
Hi there 🙂
I would say the precedent has been set now as overnight stays have been ongoing... perhaps you should contact her in writing stating that as overnight contact has been commencing for sometime without issue, she will now be in breach of the Contact Order. Ask her to reconsider in light of this, but remind her that if she doesnt comply you will have no option but to return to court for Enforcement of the order. Ask her also to respond within 14 days, and make it clear that if you do not hear from her within this time, you will take that as a refusal and will commence proceedings. If you have a solicitor you could ask them to write this for you.
Good luck 🙂
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