[Solved] Residency order advice

Hi there Clisby 🙂

I think you have done the right thing by suspending contact. Your solicitor may advise you to apply for a variance of the Contact Order and ask that because of the breach of the conditions of contact that contact should be supervised at a contact centre whilst an assessment can be done, including liver function tests to ascertain the mothers alcohol intake.

I just thought I would mention the changes to Legal Aid that came into force in April, unfortunately it is no longer possible to apply for Legal Aid for Family Law cases and so if you were eligible for this at the time of the Residency case, this no longer stands and you will be expected to pay solicitors fees.

There are many Dads here that have chosen to represent themselves and you will find plenty of information about this on here. There are three stickys at the top of the Legal Eagle section, two about representing yourself and the third about the C100 form which is the form you would need to submit to court for a variance of the contact. There is a charge of £200 for this service but If you are on benefits or on a low income you can get an exemption or help with the court fee, for this you would also need to submit a form EX160a.

The other option is to leave it to her to apply to the court for enforcement of the contact order....although she has breached the conditions of the order, by stopping contact you are also in breach. This would be my least favoured option though as I think it's better to be pro active in situations like this and at least by instigating the variance of the contact order you are maintaining control of the situation.

To vary a contact order you need to complete A54 Application for variation or revocation of a contact order. As Nannyjane says, technically you will be in breach of the existing order for stopping contact, but if she has been drunk when contact takes place, your child is not safe and you would be right to stop contact, but you must make an application to the Court to vary the Order. As Nannyjane says, go for supervised contact.

That's strange because my son had to submit a C100 form to apply for a variation of contact!

Really? Wow..and to be sure I just checked it out too! LOL!! Then in that case I would suggest Clisby rings the Court and checks out the form required. Interesting though!

Absolutely...I think Clisby should seek clarification but not forget to come back and share it with us! I had a quick look too EnyaM and you are right about the A54, how strange! I might just call the court help desk myself on Tuesday! 😉

OK I think I can explain this confusion....The A54 is as EnyaM stated an Application for variation or revocation of a contact order, but it is only for use if you are applying for variation or revocation of a contact order made under section 26 of the Adoption and Children Act 2002.

Having checked my sons Residence and Contact Order it was made under section 8 of the Childrens Act 1989.

So, I'm guessing that a Residence or Contact Order made under section 26 of the Adoption and Children Act 2002 concerns children that are involved in some kind of adoption case, and a Residence or Contact Order made under section 8 of the Children Act 1989 is for more general use where adoption of the child doesnt apply... just an educated guess though!

Thank you for your advice :cheer:

I will ring the court to check on the correct form.

And will let you know which one

I think you are right, I have to say, it is a very long time since I did a variation...they are not so common, so I am sorry if I got that wrong, but do let us know Clisby 🙂

No worries EnyaM! We all make mistakes...I've made a couple of clangers on here myself! 😆

and me 🙂