Nadine is divorced from Terry, who has been violent towards her in the past, but not to son, Harry. Terry has a contact order, but Nadine does not honour it, finding ways to avoid meeting her obligations on the grounds of fear of Terry. what is her legal position in respect of her breach of the contact order. do you think the law is fair to people in this situation? This is a question for my exam tomorrow and im stuck... please help me people!
2006-09-05 02:25:41 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
the father does not have a legal right to see the child, it is the childs right to have contact with the father, therefore because there was no violence towards the child, the father can not be stopped. The court has applied an order, which the mother should follow, otherwise she is in contempt of court and she can face imprisonment. She should be made aware of this, she should could allow visits to take place with a relative so that she does not have to be there.
2006-09-05 12:02:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Nadine can not interfere with the contact order unless she fears harm to her son or herself, but she has to document that fear by calling the police and filing a report, in which case there will be a custody hearing of the child to see if Terry should be given any parental rights to see the child, because a pattern of abuse towards Nadine will hurt Terry's chances of being able to see his son. Hope this helps!
2006-09-05 09:44:08 · answer #2 · answered by jkh5199 2 · 0⤊ 0⤋
Obviously she is in violation of the order. If taken to court over it she could explain her position and hope for leniency. What she should do is request "supervised visitation" or have an advocate appointed to be the one who is there when Terry picks up his son. Nadine does not have to see or deal with Terry if she feels she would be endangered by doing so and his previous violence toward her, if documented, would substantiate her position
2006-09-05 09:38:04 · answer #3 · answered by worldhq101 4 · 1⤊ 0⤋
if the court has ordered/granted terry contact w/ harry, she MUST comply with the order or risk being in contempt. however, if she has genuine fear and is not merely being spiteful to her ex, then she needs to find a way to comply. meet at public places (is there an exchange, or merely visitation?) like the public library, a shopping mall, or fast food restaurant where there are other people around.
2006-09-05 09:34:01 · answer #4 · answered by dwalkercpa 5 · 0⤊ 1⤋
Nadine should arrange third party liason to meet the contact order. I don't know if this is the right answer but its logical.
2006-09-05 09:31:24 · answer #5 · answered by rondavous 4 · 0⤊ 1⤋
She is wrong and could go to prison. But that may not be in the child's best interest (children's act 1988), so it is rare for the mother to get imprisoned........
Sounds like CAFCASS is needed. Look that one up yourself!
2006-09-05 09:33:08 · answer #6 · answered by Anonymous · 0⤊ 1⤋
she is risking contempt of court proceedings against her, however this is counterbalanced with the notion of what is in the child's best interests!
2006-09-07 21:47:07 · answer #7 · answered by Sky 3 · 0⤊ 0⤋