From my limited experience with the family courts, I think they have to start listening to the opinion of the child from around 10 or 12 (depending on who you speak to.) So if this was to go back to court again at any point, the judge or cafcass would have to listen to your son's opinion too.
I would leave it, with your son now being 15. In worst case scenario the father takes you back to court, then all you would have to do is explain what happened with the contacts that did happen, order being broken etc. If it's the other parent has not taken up the contact, rather than you stopped it, then you have nothing to worry about.
Court order from 2007 help.
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Suzie, FRG Adviser
- Posts: 4996
- Joined: Mon Jul 04, 2011 2:57 pm
Re: Court order from 2007 help.
Dear waffle32
Thank you for your post and welcome to the Parents' Discussion Forum.
I see that you have concerns about the contact order made by the court back in 2007. If the father has not taken up contact with his son, then I do not think it is a problem for you at all.
I do not know the issues that existed when you were in court but you say in your post that contact did not go well, that information about your son was not given when he went to contact. Could that be the reason that contact was not enjoyable for your son?
The amount of time that has passed without his father seeking to enforce the contact order means it is unlikely that intends to do so now.
You believed contact was not good for your son. The father did not take up contact or do anything to exercise the parental responsibility granted to him by the court.
If you do not want to have the order in place for your ex-husband to take further action for contact not taking place under the order, you could apply to the court to discharge the order. It is unlikely that the court would insist on your 15 year old son having contact with his father in any case. He is of the age now when he is able to make his own decisions.
You may wish to contact Coram Children’s Legal Centre on 0300 330 5480 for more advice about make a private law application should you decide to apply to the court to discharge the contact order which might give you the peace of mind and closure that you seek.
I hope you will find this helpful.
Best wishes
Suzie
Thank you for your post and welcome to the Parents' Discussion Forum.
I see that you have concerns about the contact order made by the court back in 2007. If the father has not taken up contact with his son, then I do not think it is a problem for you at all.
I do not know the issues that existed when you were in court but you say in your post that contact did not go well, that information about your son was not given when he went to contact. Could that be the reason that contact was not enjoyable for your son?
The amount of time that has passed without his father seeking to enforce the contact order means it is unlikely that intends to do so now.
You believed contact was not good for your son. The father did not take up contact or do anything to exercise the parental responsibility granted to him by the court.
If you do not want to have the order in place for your ex-husband to take further action for contact not taking place under the order, you could apply to the court to discharge the order. It is unlikely that the court would insist on your 15 year old son having contact with his father in any case. He is of the age now when he is able to make his own decisions.
You may wish to contact Coram Children’s Legal Centre on 0300 330 5480 for more advice about make a private law application should you decide to apply to the court to discharge the contact order which might give you the peace of mind and closure that you seek.
I hope you will find this helpful.
Best wishes
Suzie
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