I have had a contact order for my 7-year-old son for the past 3 years which determined fornightly weekends with me and my wife.
Recently, my ex-wife moved 170 miles away without my consent, making it more difficult for me to have regular contact (work commitments, new family, cost and time). However, I have maintained three weekly visits. Recently my ex has refused to let my son visit the family home unless we get rid of the family dog, as she sees it as a threat to my son's safety (there are four other children who live with us safely). This is effectively making it impossible for me to have my son with me. Is this in breach of the contact order and what rights or recourse do I have?The first thing you should do is seek professional legal advice, but on the face of it, this sounds like a breach of the contact order. You’re really raising two separate issues here, which are your ex moving and also her refusing you let your son visit you in your home.
If your ex is preventing contact despite the court order, you need to act quickly and may find it helpful to use our free Access Denied Action Plan.
As to the first, as long as she remains in England or Wales, then it would appear she’s perfectly within her rights – people move for work or for other reasons. If she moved outside that jurisdiction, such as for instance, you could obtain a Prohibited Steps Order to prevent her going with the children. But this is not the case unless she’s moved to Scotland, where a slightly different legal system applies and you could raise objections to her taking your son there.
Not Violating The Contact Order
It’s unfortunate that she moved, since it obviously affects your contact with your son, but it doesn’t appear to violate the contact order, unless there were specific provisions in it. The other issue is more immediate and important. You don’t mention whether the dog is a new addition to your household. If not, it means that no circumstances have changed, so unless the dog has exhibited aggressive behaviour, there’s no just cause for her to change the conditions of the contact order.

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Going to Court
Although a lawyer can advise you fully, it would seem as if you’ll need to go to court to have the contact order enforced. You will probably want to detail the changed circumstances (your ex’s move) and that you’ve done everything in your power to maintain regular contact with your son, as well as evidence that the family dog has proved to be no threat to the children already in the house.
Because of the move, if the court is willing to make sure the contact order is enforced, it might be possible to mediate a change in it so your son can perhaps spend some holidays, such as half-terms and so on, with you. To an extent this depends on your ex and her willingness to allow this, of course.
Again, though, the emphasis is on seeking proper legal advice as soon as possible.
For more information on your rights, read Your Separated Father's Rights on this site.
My ex is planning on taking my little boy away on holiday during times set in my contact order. This will be the 6th holiday she taken in a year with him and I’d never make any fuss even though at times it’s been on less than a weeks notice and it always infringes on my time with him. Last time she was going away she offered me alternative time to see him which was a first! When it came to me seeing him she stopped that from happening for no reason and because it wasn’t my days with him I couldn’t stop it then two days later she went away with him to Tenerife. This time was actually sorted between our lawyers so there was a a paper trail etc. Now she plans on taking him away next week so I have enforced my order and told her that I don’t want him going away. My issue is is that I told her that I was taking a holiday with my partner and it’s only then that she brought up her wanting to take my son away. She’s now telling me that I’m also in breach of my contact order and that I shouldn’t be going away either. She is the main carer of my son residing in the family home. My question is, are we both in the wrong?
Thanks
1) how do i apply for the contact order?
2) do i need to go through the mediation or can escape the route?
3) am i eligible for the free legal advice with the 24 hours pay £130p/w ?
My stepson wasn't allowed to give his dad his mobile number. Any letters we write don't get to him etc and no one can help
Do sadly we haven't gad any contract for over a year. He is now 13 and we are just waiting for him to be brave enough to make his own contact.
Even his elderly grandparents have been excluded
SHE HAS AGGRAVATED CONTACT DURING THE PAST TWO YEARS AND MADE UP FALSE ALLEGATIONS TO STOP CONTACT.
A WEEK AGO SHE ALLEGED I BEAT HER..ASSAULT? THE TRUTH WAS THAT SHE PUSHED ME TO ONE SIDE, SNATCHED THE PUSHCHAIR FROM ME AND STORMED OFF TO CALL THE POLICE. OBVIOUSLY CAFCASS BELIEVED HER AND ADVISED HER TO SUSPEND CONTACT. I HAVE SINCE RETURNED TO THE POLICE STATION TO BE TOLD THAT THERE IS NO FURTHER ACTION. THE OFFICER ON DUTY ARGUED WITH THE RESPONDENT MOTHER VIA THE TELEPHONE CLEARLY STATING SHE WAS IN BREACH OF THE COURT ORDER BY NOT BRINGING OUR 2 YEAR OLD SON TO THE CONTACT VENUE, HAVING CHECKED NO ORDER HAD BEEN ISSUED TO SUSPEND CONTACT. WILL CAFCASS NOW RECOMMEND SHE BE PUT IN PRISON OR FOR RESIDENCY OF OUR SON TO BE HANDED TO THE FATHER? I HAVE ASKED FOR THE OFFICER FROM CAFCASS TO NO LONGER DEAL WITH MATTERS. WHAT NEXT..ENFORCEMENT ORDER?? PERHAPS LIKE THE CONTACT ORDER THEY'RE NOT WORTH THE PAPER THEY ARE WRITTEN ON...
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