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All Contact Stopped
#1
Hello,

I wonder if anyone has any advice I live a good distance from my young children and hence have to rely on telephone contact between seeing them about every 6 weeks, however my ex has said that she has recently changed solicitors and they have advised her that I am to have NO contact with them until I write to them and propose a contact schedule which if they agree with will get ratified by the court.

Can a solicitor do this?
I have only had this verbally from my ex, she said she will send me her new solicitors contact details to me so that I can write to them with my proposals for contact
Should I write to her solicitor and ask them to formally advise me why they have said all contact should be stopped so they then have to put something in writing to me first before I propose anything, as I feel the advice they have given my ex about stopping contact is illegal as it directly affects the children.

Any advice will be appreciated

Thanks
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#2
(07-30-2017, 05:41 PM)NewHill123 Wrote: Hello,  

I wonder if anyone has any advice I live a good distance from my young children and hence have to rely on telephone contact between seeing them about every 6 weeks, however my ex has said that she has recently changed solicitors and they have advised her that I am to have NO contact with them until I write to them and propose a contact schedule which if they agree with will get ratified by the court.

Can a solicitor do this?
I have only had this verbally from my ex, she said she will send me her new solicitors contact details to me so that I can write to them with my proposals for contact
Should I write to her solicitor and ask them to formally advise me why they have said all contact should be stopped so they then have to put something in writing to me first before I propose anything, as I feel the advice they have given my ex about stopping contact is illegal as it directly affects the children.

Any advice will be appreciated

Thanks

What they are taliking about is a Consent Order.

However, what I would do now is instruct a Mediation Company yourself, what you might be able to get Legal Aid for.

The fact that you had an agreement with your ex, she needs to show reason for changing it.

It might be that you follow the advise I gave an other case, where there is a long distance issue. This will depend on how long it takes to drive to where your ex lives, as to if in a CMS case, the miles and accomodation claim would be valid.

If it is I would be asking for contact every 4 weeks, from Saturday am till Sunday PM (to achive 13 nights a year). Any that get missed must be replaced with an alternative weekend.

By taking half of the school holidays, 6.5 weeks a year, you will exceed 52 nights a year, what will reduce your Child Support  also.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks for the advice Mark, just to clarify there has never really been an agreement for contact in place save for an email from the ex saying I can call on certain days which then got changed by an email from her former solicitors saying different nights to call them, does this constitute an agreement?

When I challenged her over why she was stopping all contact she said it was her new solicitors advice and as she was paying them she said she would not be going against their advice and it was not her who wanted to stop the contact. Hence I would like this solicitor to advise me directly in writing why they have given the advice to cancel the children's right to contact with their father to my wife, I have a feeling that she is lying about this and the solicitor may not have given this advice and by me requesting this from them may well put her in an awkward position with her solicitor.

Any comment would be appreciated

Thanks
Reply
#4
(07-31-2017, 06:43 AM)NewHill123 Wrote: Thanks for the advice Mark, just to clarify  there has never really been an agreement for contact in place save for an email from the ex saying I can call on certain days which then got changed by an email from her former solicitors saying different nights to call them, does this constitute an agreement?

When I challenged her over why she was stopping all contact she said it was her new solicitors advice and as she was paying them she said she would not be going against their advice and it was not her who wanted to stop the contact. Hence I would like this solicitor to advise me directly in writing why they have given the advice to cancel the children's right to contact with their father to my wife, I have a feeling that she is lying about this and the solicitor may not have given this advice and by me requesting this from them may well put her in an awkward position with her solicitor.

Any comment would be appreciated

Thanks

A Solicitor can only act on instruction from their client. If you can evidance your ex saying its not her idea, then contact the Legal Services Commision to complain.
However, in my view its very unlickly and in fact your ex is up to something.

The angle they are using, is to get her contact sorted out on what is called a Consent Order. As a Min, they are going to get about £500 in fees, and at least £500 if they have to attend Court with her.

The issue you have is that they are assuming everything is going to be by agreement, and if its not then you are not even at the stage where it can go to Court.

Your going to need Mediation, before you can apply for a Child Arrangements Order.

From what your telling me, you can evidance that you tried working it out together and that she then changed what was agreed. While that is not enforcable in law, it can be evidanced. Once evidanced, she has to show reason why you can not have contact, and everything up to when she last allowed it was already been considered so it must be something new.

If she can afford Solicitors, hit her where it hurts (in her Child Support payment). Make sure you exceed 52 nights a year (your reduction on Child Support in most cases will exceed £500 a year), checking that due to the distance your accomodation is allowable.

The min a Court will give you if you ask for it, is every other weekend and half school holidays.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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