Contact Order - clarification needed!

[lorla]

Hi there - 2 questions about a contact order:

1) What is the success rate for a father to get one of these? My husband is 'scared' of telling his ex he wants one because her reaction is likely to be so bad but we need it because she keeps breaking our current verbal arrangement. He pays for his child every month through the CSA, calls everyother day, tries to see her fortnightly and does the 3hr round trip to collect and drop her off because his ex won't. I've tried telling him he's doing everything right and they won't reject his request but he's scared.

2) We have the forms from the court for the contact order (and parental responsibility) but are confused about whether there will be an actual hearing in front of a judge? Or is it just a case of the court passing the paperwork?

Thanks,

L

[oldmaggie]

Dont worry. Family court either magistrates where the panel is a bench of three magistrates or at county court where a single judge sits are experienced in matters of family law and usually just sit round a big table. You tell them about the circumstances i.e. pay through CSA, and that she keeps breaking the verbal agreement for contact.
It is every childs right to have contact with their parent, your husband will no doubt get contact very easily. I went on a course a little while ago that was on the punishment that could be meted out to the parent (usually the mother) who failed to comply with a contact order from the court after a couple of warnings custody is the option.

[lorla]

Thanks that's encouraging to hear.

Do you know what sort of costs are involved?

Also, do you have an opinion on whether we should try and sort things away from the court first? I know this is usually preferrable but I feel like I know she'll either 'kick off' when we suggest putting somehting informal in writing or she'll think it's great but continue to break it because she knows it's not legally binding.

[oldmaggie]

Sorry but I dont know about court costs ( but will try and find out after the bank holiday). I only know that informal agreements often break down. However, if you do have such an agreement and she "kicks off" and you do take the court route the judges will know that you are reasonable caring people who have tried to do the right thing before resorting to the law.Maybe the CAB could help or Cafcaas
Good luck, don't give in do the best for the child.

[Akakpo]

If your husband and the baby mother were previously married, then your husband and baby mother both have a parental resposibility (PR). Someone will correct me but if the child was born before a certain year and the parents were not married, only one parent (usually has parental responsibility) but the father can still have contact with the child. PR means they both have to agree on schooling, medical operation, if the child can leave the UK etc.