[Solved] Ex

Silkworm,

Welcome to the forum - Really sorry to hear about your problems with your ex - its terrible when money issues impact on contact rights. I can imagine how you feel. I have passed this to the Childrens Legal Centre for a response - however there is a delay in their response time at the moment and it could be next week before they are able to respond. As this seems an urgent enquiry i would advise you to call their helpline directly for instant advice - their number is 08088 020 008.

Please pop back at let us know what their advice is.

Good luck

Gooner

Hi, I've spoken to the Children's Legal Service who were very helpful, but as is the norm it would appear an ex can do as they please and get away it.

I've read through a lot of the forum posts and information on the Families Need Fathers website and the issues are all the same, Mothers stopping or restricting contact with child/father. When will authorities, MP's and Courts wake up to what is really happening here. Stop giving mothers public funding (if they are constantly breaking the court order, why should they receive public funding)so they can be represented by solicitors in court, after all the majority of court applications made are because the mother is breaking them. When will somebody actually enforce the enforcement wordings on the court orders, frankly it's not worth the paper it's printed on. Yes I am frustrated, people need to wake up to the fact that fathers need to be treated fairly and justly. I know there are some bad fathers out there but why should dads all be tarred with the same brush.

Dear Silkworm,

We apologise for the delay in responding to your query.

If there is a court order in place for contact then this is legally binding, and the mother should comply or you would be able to apply to the court for enforcement of the order.

In the eyes of the law, maintenance and contact with children are not related, and as the CSA are dealing with your maintenance and the court have put an order in place for contact these have no legal bearing on each other.

If the mother breaches the court order without reapplying to court, then you are able to apply for enforcement and she may be penalised for this.

If the mother applies to vary the order, then the court would decide whether or not it is appropriate for the current travelling arrangements to continue, and may put an alternative in place if they feel this to be more suitable.
The court are able to order that you collect the child, or that the mother bring the child to you, some form of shared travel arrangement or some kind of financial arrangement if there is only one person doing the travelling. It is for the court to decide what is most appropriate.

You are within your rights to refuse to comply with the demand from the mother and her solicitors at this time if you are not happy to do this, and it will then be for the mother to decide whether to continue with the current arrangement or to reapply to the court, however she should not be breaching the court order, and if she does it would be for you to choose whether or not to apply to court yourself.

We hope that this information is useful to you, should you require further advice please contact the Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help you.

Kind Regards

Children’s Legal Centre

Silk,

I have seen loads a posts on here about parents trying to stop contact over maintenance. Personally I think that's appalling using the kids as hostage to money. In the long run its the kids who will suffer as they need contact with both parents. Using the kids in this manner is shameful.

I can't imagine how you feel at the moment. I really hope this gets sorted. Come back and let us know what you are gonna do and how it works out for you.