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Hi,
I have no contact order in place but historically for over 4 years I see my kids every other weekend and half the holidays etc and the we meet half way at a rendevous point of a 100 mile trip.
When relations between my ex and myself are good, we will often accommodate each other if a weekend needs swapping etc
However, a dispute over maintenance has arisen and threats were made (in writing to my solicitor and via text to me) that unless I pay what she wants she conveniently wouldn't drive to our half way point. After much pointing out that contact is not related to maintenance and it would not be in her best interests to not meet the childrens usual expectations re meeting halfway, she met me at the rendevous point and contact took place.
But, my new wife is expecting a baby on 3rd Oct, the weekend we have the children. If she goes into labour during the night, we are not near anyone who can take care of the 3 kids (my two and her child).
We live in Sussex (trying to sell up and move), my ex wife and kids in Cambridgeshire. My new wifes ex husband lives in Cambridgeshire also so she wants to give birth there so her child can be looked after by him as she doesn't know anyone here in Sussex.
We requested to:
- swap the weekend. She refused saying she is away.
- we drive my ex wifes mother to stay at her house and mind my two children at night. She refused this also.
- we arrange for a friend of hers the children know well to mind my two children at night. She refused.
I am planning to apply for a contact order and shared residence order after she threatend me with not seeing my kids over money. Can this be used as evidence against her too? It's a major event in our lives and I want the children properly cared for in the event of an emergency at night. This is causing much distress to my wife, which is no good for her health right now.
Comments welcomed.
Rgds,
Matt
Hi Deepmj
We will get our legal experts over at the childrens legal centre to have a look at this and respond - it may take them a few days so please hang in there
Dear Matt
It is not clear whether or not you have parental responsibility from your post. Parental responsibility, in everyday terms, means an ability to have an input into major decisions relating to the children. If you were married to your ex-partner then you will automatically have parental responsibility for your children.
Unfortunately, parental responsibility does not give a right of contact with a child. The children themselves have a right of contact and if the children are considered too young to exercise that right then it is up to the resident parent to decide how much, if any, contact to allow. Therefore, your ex-partner does not have a legal obligation to offer an alternative weekend.
There are ways which you can gain a set amount contact with your children. The first option that you should consider is that of family mediation. Most parents who apply to court for a contact order try mediation first. The courts generally like to see that the parents have attempted to resolve the problems themselves. In many instances, legal aid will only be granted where mediation has been tried.
If mediation is unsuccessful or your ex-partner refuses to attend then you have the option of making an application to court for a contact order. A contact order is an order made by the court under s.8 Children Act 1989. The order makes clear who shall have contact with the child, how often this will be and how long the contact will be for. It may also put in a provision for alternative weekends to be agreed when you are unable to make the weekend stipulated.
Going to court can be a stressful and expensive experience. It is a 'last resort'. Before making an application for an order parents should seek legal advice. It is possible for a parent to make an application themselves, but there are advantages to being represented by a solicitor. A solicitor will know and understand the process and procedures and can help reach agreements.
The court must only make an order where they consider it would be better for the child to do so rather than making no order at all. To make an application to the court you can either use a solicitor or alternatively act for yourself as a litigant in person.
If you are going to act for yourself because you do not qualify for legal aid then an application to the court can be made by filling out a C100 form and sending it to the court. You can obtain the C100 form by visiting the Her Majesty’s Court Service website ( http://www.hmcs.gov.uk ) or alternatively you can visit your local county court to collect the form. Guidance on how the children and family courts operate can be found by following this link: http://www.hmcourts-service.gov.uk/cour ... 1_0806.pdf . There is an application fee of £175. Once the form has been completed you should return it to the court with the fee. The parties involved will receive a date on which to attend court.
The court will make a decision regarding what contact to allow based on what is considered to be in your children’s best interests.
If a contact order is put in place then your ex-partner cannot override this. Your ex-partner will be bound to follow the order and there are penalties for breach of a contact order.
We hope this information has been of use to you. For further clarification regarding this issue or any other issue of child law then please do not hesitate to contact the Child Law Advice Line on 08088 020 008.
Kind regards
Children's Legal Centre
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