Advice re court contact order?

Question

How long does a broken contact order remain in force?

My ex got one after our divorce but didn't adhere to it after a few months, it's been over 3 years since he saw my kids (they were very young then) they don't remember him at all but now he has reappeared and his solicitor wants to enforce the order?

Anyone know or have experience?

Before you all go getting judgemental about MY stopping him seeing them - did I not make it clear, HE stopped seeing them, I tried to make him but he didn't want to. After a year or so I gave up. And, they have good male role models in their life, they are not fatherless.

Answer 1

Every situation is different. I don't think you ex's absence cancels the order. However advice in this forum could put you wrong. these situations can be unpleasant so check with your lawyer a soon as possible. In general courts view it as important that children have on going contact with both parents, Its only the interests of the children that the court will really look at. As I said talk to a lawyer. If money is an issue check with your local citizens advice bureau they might be able to advise where you can find a chap lawyer or even better tell you where to find free advice.

Answer 2

There is no simple answer to this one but if he has not seen them for 3 years, you should apply to the court to change the order. If they don't remember him at all the arrangements for initial contact will have to be very different and the court will take account of the fact that he has chosen not to keep in contact. Although the principle is that the children have a right to see the absent parent, it would have to be very carefully re introduced.

Answer 3

I would strongly suggest you follow the advise as others contact your lawyer the one you used in the divorce would work out good he is more familiar with the case in question. It can be tough to do , after he was gone for a certain period of time you could have had his rights revoked if it was in the best interest of the children but seeing how he is back in contact he does have legal rights to see his children. The original lawyer should be contacted first if you can not afford to retain him ask him if there is some kind of legal aid in your state that would handle such a case (most legal aid does not do family court when it comes to custody/visitation) if the contact order is documented as broken and filed with the courts it is a standing order but as with most standing orders it too can be changed or modified.. Good Luck

Answer 4

Firstly I would check with the court they issued it they may be able to help.

Secondly, I quite understand you being apprehensive about his reappearance, if he hasnt bothered with them before why now, and for how long, I personally would say it would better for them to have no contact, than a visit here and a visit there when he can be bothered, I know I have been there and dealt with the aftermath, of a father who didn't always turn up. Its all very well people criticising you over there having been no contact previously, if he is anything like my ex, its a fad, on the otherhand he may well be genuine this time.

If the solicitor takes it to court you have no choice, all you can do is be there to pick up the pieces. Whatever you do, do not bad mouth him to your kids, I'm not saying you would, but if he has genuinly changed it will back fire on you, and the kids will resent you for it, and it leaves the way open for him to then blame you for him not seeing them before now.

Seek legal advice and then you know where you stand.

Answer 5

Poor you - it hard enough trying to rebuild a life after someone has been so disinterested without the worry that it will happen all over again - I don't have anything to offer, other than that I understand your concerns. As least your children have had you and a male balance, try to look at it as just another experience for them and try not to make a big deal of it so they don't get knocked back if it doesn't work out, that 'he wants to see them and isn't that nice and later we can do .....' just so they don't get too excited or anxious

Answer 6

No Contact orders remain in force until the court rescinds the order. I've had one against my 1st wife since 1990, another on my 2nd wife since 1997, I make sure they stay active. If either of my ex's contact me by mail, phone, email, text message or through someone other than their attorney or come within 500 feet of me, they go to jail for atleast 1 year.

Answer 7

If he does not return them, flow p.c.. them up with the aide of the police alongside with a replica of the courtroom order. As for the touch with the female chum, have the infants make a fact to the police just to have an solid checklist and document a contempt value with the courtroom. you're able to additionally opt to checklist telephone conversations alongside with your ex and the infants at the same time as they're at your ex's for documentation. Radio Shak has an ear bud microphone that documents cellular conversations and there is likewise a collection up which will checklist all calls entering/out of your place telephone. Be professional-energetic to your rights!

Answer 8

hi , have been through similar circumstance going to court several times and have had up dated contact orders as my daughter gets older ..your ex will get a new contact order if he purses it..but it did take me over two years and six court apperances to get full weekend contact ..each contact order getting longer ...let it go to court and put your point across that the relationship has broken down between your ex and the children ..but if he sticks it out and goes to court he will get supervised contact to begin with ..as i did ...because my ex objected ..which means going to a contact centre ....and you need to contact the court to get any old order cancelled ..it dosent run out ..unless specified on order ..or until an new order supercedes the old one ..hope this helps a little ..

Answer 9

Well i would say he could see them but only if he toke you back to court as he has not bothered for three years, so why should he just tell you what he wants and you jump. I dont think so. Tell him to take you back to court and sort this out so you can have your say about him not bothering his@rse to see the children for three years. they might even say he could only have supervised visits till he has shown that he can be trusted to keep his WORD. You could ask for that as the children dont even know who he is. This is not fair on you/your new partner or the children. Write back tot he solicitor stating what you want from this not what he wants, they are your children and he cant put you all through this.

Answer 10

There is no time limit, he will always be their dad.

Don't try to keep him away, i grew up without my dad and it wasn't nice most of the time. Let him play a role but make sure he understands that he can't just come in and out of their lives as he pleases. give him a chance and he he wastes it thats up to him.