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Contact Court Order question

PostPosted: Thu Mar 16, 2017 5:11 pm
by palmalarm1

I was given shared custody of my two children in 2009. In 2010 there was a concern about my partner being a potential risk to my daughter and both my partner and I agreed to conditions in the form of an undertaking so that I could continue my shared contact. The summary of the reason for these conditions references my daughter only (ie the risk to her would be reduced if.....) and states that they are in place to manage in a constructive and positive way in the long term throughout the minority of my daughter. My son is mentioned in a couple of the conditions and it was explained to us that this is so that my daughter did not feel singled out. There has never been concern by the court that there is risk to my son.

My daughter will soon be 18. We assume that this means she will then be free of these conditions as she will no longer be a child. We also assumed, as it was explained to us during the hearing that this was the case, that the conditions will no longer apply to my son, who is 14. He is not considered at risk and should therefore not be subject to these conditions once my daughter is free of them. My ex husband disagrees.

Can anyone tell me who is right please? And if I am right is there a way to confirm this to my ex? Would the court confirm this if I were to write to them?

Thanks for your help in advance.

Re: Contact Court Order question

PostPosted: Thu Mar 16, 2017 5:25 pm
by 3.14
You can apply to the court to vary or dismiss the Order. I'm unsure if your daughter ceases to be a child at 18 or 21 for the purposes of the Order.

Re: Contact Court Order question

PostPosted: Thu Mar 16, 2017 5:58 pm
by dls
You rightly hold back the details.

These things are very fact specific. The order (and any undertaking) continues until it is removed y a court, or by automatic discharge.

Without knowledge of the facts no promises can be made, but a court may well consider agreeing to a discharge relatively easily.

Re: Contact Court Order question

PostPosted: Thu Mar 16, 2017 7:20 pm
by palmalarm1
Thanks ever so much.

To apply for a discharge do I have to go through the whole court hearing process? My ex isn't well mentally at the moment and the kids have asked me not to stir things up by going to court again. My ex will not agree to a discharge given a chance - will he be allowed an opinion if the undertaking states it is for my daughter's minority? If he is it will drag on and cost us both a fortune - yet it seems unfair that I should have to continue to live under these restrictions if they were only meant to last until my daughter is 18.

Does anyone know of a family solicitor who would look at the court order and give me an opinion? I am happy to pay but the one I used very originally (before I started to represent myself) wants to charge me £300 for an initial meeting and that is beyond my reach.


Re: Contact Court Order question

PostPosted: Thu Mar 16, 2017 9:57 pm
by 3.14
Google "free initial consultations + family Law Solicitor + Location"