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My ex wife is refusing to adhere to the contact order made by the judge when we divorced. The order states that we have shared residency 50/50 with our son who is now 11. My ex wife is now saying that I can only have my son come and stay with mewhen she decides, she has decided that this will be every other weekend.
The residency order was made in January of 2012, ever since this was granted she has failed to accept it. I am now past the point of entering into dialogue with her over this as she is adamant that what she says is final
When CAFCASS met with my son he said he wanted to spend alternate weeks with his parents, he Is now saying he only wants to stay with me.
What can I do in order to make her comply with the order? Any advice will be greatly appreciated.
Apologies if this has been posted in the wrong area of the site
Phil
Hi Phil
I've moved it here so it's more relevant. I'll ask the CCLC is they can pop by and give some advice on this.
Dear Phil-p
Thank you for your post.
As there is a Court Order in place and you feel that this Order needs to be varied we would advise making an application to the Court for variation of the current Residence Order. You can request to the Court that this Order is varied so that residence is made in your sole name.
To make this application you would need to complete a C100 form which can be completed from www.justice.gov.uk. There is a fee for this application of £200. Once you have completed the form you would need to lodge this at your local Family Proceedings Court and await a hearing date.
We would advise putting in your application the mother's reluctance to contact as this can be seen as the mother not exercising her Parental Responsibility appropriately. Contact should only be restricted if there are serious welfare concerns and if there is a court order in place this order should be varied by the mother if there are any concerns in place.
Please note that your child’s wishes and feelings may be taken into consideration if they are considered competent. A child is usually considered competent at the age of 12-13.
If you do require further legal advice and you are not instructing a solicitor please feel free to contact our freephone advice line on 0808 8020 008 open 8am-8pm Monday to Friday. Alternatively you can contact us via our webchat facility www.childrenslegalcentre.com which is open Monday to Friday 9-6pm.
Yours sincerely,
Coram Children’s Legal Centre
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