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Hi, I'm asking this question on behalf of my brother. He's in the Army and on active service abroad. We went to court in the Spring to make contact arrangements for his week's leave this Summer when he's back in the UK. It is for daytime contact (not overnight) every day, for specified hours. His Ex has now said that she's taking the kids to stay with her parents that week, and so he has to get them from there not from her home address. It's a long and expensive journey involving a ferry (but within the UK) which means that he'll have much less 'quality' time with them, and fewer options as to what they can do together. The contact order doesn't specify the pick-up address; does this mean she can just do this? If yes, is there any way of getting it changed without going back to court, as he's not in the UK so cannot appear in person? Thanks J
Mmm....
As the court order doesnt state the address it is unclear and may be a grey area however it seems a fair assumption that it was meant to be the home address.
I think that a judge would consider the move by the ex as mischeivious but it may be that you have to take the order back to court to clarify.
Can your brothers solicitor write a letter to the exs solicitor making a complaint and inform that he is prepared to go back to court or write a letter directly to the judge?
The contact was obvioulsy written into the order to give your brother quality time with the children so I think it will be seen as a mishceivious move by the ex.
Regards,
Dave
DaveR is right, she is being very naughty! The Court wont look kindly on it, and will agree it is reasonable to accept that your brother will have contact from the children's normal address. His Solicitor should write to her Solicitor.
Hi there,
As DaveR suggests, he could try writing to the judge that made the order and asking what he can do as he is abroad and unable to attend court to try and get it sorted out in time. I feel it is a breach of the order, even though the pick up address wasn't clarified in the order, it's pretty obvious that the court wants the children to have quality time with their dad for the week he's on leave and the mother is trying to interfere with that.
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