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EXTRA ACCESS APPARENTLY BREAKING COURT ORDER?
#1
Hi there. I'm asking on behalf of my friend as he has been told something that seems a little unusual.
After jumping through hoops my friend finally got a court order to see his little boy. However, the mother of the boy, since splitting up from her partner is letting my friend see his son for extra times, outside of the agreed contact order. She has now said that her solicitor has said this breaches the contact order and he is only allowed to see him within the times agreed and stop all excess contact. This seems ridiculous, but not so much so that it couldn't be true?
Does anybody have any knowledge on this particular situation.
Thanks in advance Smile
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#2
(09-27-2016, 10:27 AM)ootracieoo Wrote: Hi there. I'm asking on behalf of my friend as he has been told something that seems a little unusual.
After jumping through hoops my friend finally got a court order to see his little boy. However, the mother of the boy, since splitting up from her partner is letting my friend see his son for extra times, outside of the agreed contact order. She has now said that her solicitor has said this breaches the contact order and he is only allowed to see him within the times agreed and stop all excess contact. This seems ridiculous, but not so much so that it couldn't be true?
Does anybody have any knowledge on this particular situation.
Thanks in advance Smile

There is a clause normally in court orders (and it is in mine, April 2015).

It outlines who the child lives with, and then time spent with the other parent.

At the end of it is says something like "and at any other time as agreed between both parents".

Enforcement can only take place where set days/times do not happen, or they for example do not get half school holidays.

If your friend is wanting to increase contact he can apply to Vary the order. He would have to state in his application that he was having the child for additional time following his ex partner ending a relationship with a 3rd party, and that her only reason for stopping it is her claim that it "Breaches the contact order".

He would therefore like to have the order updated, to include this time.

The other way to deal with this, is if his ex is in agreement, is for you to change the current order into a Consent Order, adding the clause I have on my order.
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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