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Hello,
I have twin 7yr old boys, I separated from my x 5 years ago and 4 years ago I went to court to get a Contact order because she denied me all contact with the boys. So we agreed in court that she have residence and I have contact. She has never really adhered to it and just recently has stopped all contact again with the boys. She tells me that the Contact order is null and void because 2 yrs ago I took them to Bulgaria for a 10 day holiday and although I had her verbal agreement I never got written conformation from her (Although all this did not matter back then it was no problem I asked could they come on holiday and she agreed). My contact order does not have an penal notice attached something I did not realise until I read another post on this website and I was going to apply to the court to have one put on to stop her from constantly denying me from seeing them but until I find out if this contact order is still in force I cant.
If anyone can offer any help I would REALLY appreciate it as I don't have the money to go down the solicitor route again, but if my contact order is null and void then I suppose I will have to because the only other option is not to see the kids. They normal come twice a week to stay with me.
Many kind regards.
Stephen.
Hi, and welcome to the forum.
You ex is trying to bulls*t you - only a court can amend a contact order, it certainly does not become void because you 'broke' the terms. In fact, if she was concerned that you had broken the order, then she should have done something about it when the alleged breach occurred, not 2 years later. In fact, it would have been better if you had got her agreement in writing, but it's your word against hers, and because of the delay, I would say that a court is certainly going to give you the benefit of the doubt.
Keep any correspondence/texts/emails you have had with your ex, and keep a diary of all conversations as they happen. To enforce the order, you are going to have to go back to court, but you should look at mediation first as a court would want to see that you have tried this, and, in my opinion, in your case, I think that the fact that your ex sees that you are not prepared to drop it may well be the incentive to re-start contact.
Have a word with the children's legal centre on this, and let us know how you get on.
HI stephen467872,
I will ask the Childrens Legal Centre to pop by and respond to your query.
Cheers mate.
Gooner
Dear stephen467872,
Even when there is a contact order in place, unless prohibited by the order itself, parents can agree to fixed term variations, as it seems you have here. This does not discharge or contact order, it is only a temporary variation and in some contact orders there is a condition which allows parents to be flexible in their arrangements.
If you are being prevented from contact you can apply for enforcement. If there is no penal notice attached, you will need to obtain the form C78 from HMCS website. I would advice that you check the order thoroughly and if there is a penal notice attached then you would need the C79 form.
Kind Regards
THE CHILDREN’S LEGAL CENTRE
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
