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  1. #1
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    Default what if i just say 'no' to contact?

    so was just wondering what would happen if i just said 'no' to court ordered contact?

    my sons father lives abroad and has had little or no contact as we seperated while i was pregnant...my son is four.

    my son doesnt know who his bio dad is and believes my husband is his dad, and doesnt know his sister is only his half sister.

    so given that he lives abroad what can the courts do if i say no? he is pushing for contact but my son is happy and stable...

  2. #2
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    how old is the court order......

    go back to court??

  3. #3
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    the only reason you should say no is domestic violence, or risk of harm to yourself or the child not if its just an inconvenience. if the father is for real about ongoing contact (not just once or twice) he is entitled to that and whether it's now or in 10 years time your son has a good chance of finding out anyway.

  4. #4
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    thanks all.

    just really dont see the point in upsetting my son when he would only visit for three weeks of year anyway. plus he is only interested now because csa are chasing him in his country- really i dont see why my son who is happy, has no emotional problems or self doubt should have his life thrown upside down by him!grrr!

    anyone actually just not followed through on court ordered contact? i'm training to be a social worker and dont think a stint of community ordered work would help my work profile lol!

  5. #5
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    Quote Originally Posted by dragon12345 View Post
    stint of community ordered work would help my work profile lol!
    Help would not be the word it would end if anyone found out the background behind it, not like a traffic conviction

    you may be able to get some great advice from those training you

    best bet would be to get the current order reviewed

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    Be careful about not following a court order. Unless you are certain that there is a significant chance of abuse.

    My ex went against a court order and now has had his contact dramatically reduced. He may also need to pay a percentage of my court fees.

    ETA Get legal advice before breaking a court order!!

  7. #7
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    thanks thats what i though re social work- putting me off the whole idea of being a social worker to be fair and i'm just starting my third year...

    my son lives with me and has never lived with his father or had any contact with him...he lives abroad so doubt my role as primary carer would be reduced in any way. father isnt resident of australia

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    The Family Court rarely hands down a prison sentence (the last one I can think of was for a man selling property overseas so as to avoid paying his ex wife/partner and it made the papers for being so rare) and I cannot recall the last time that I saw it hand down community service.

    These penalties are possible so it is good to be aware of them but it is only used for extreme cases and for serious or repeated breaches.

    If there are court orders and the father has not been adhereing to them for four years he is in contravention and the court could penalise him. If you say no the other party can file for contravention proceedings against you which he will have to be present for and he will have to explain why he has also failed to adhere to the orders.

    The court will consider the reasons for your refusal and then decide what to do - if anything in response. There is a good chance that the matter would be referred back to dispute resolution or to the court for new orders.

    Get some legal advice before saying yes or no to any requests from the other party. General information on here is great but it never carries the same weight as from a solicitor who will have all of the facts and can give you individual advice.

  9. The Following 4 Users Say Thank You to MsTruth For This Useful Post:

    BaronessM  (27-02-2012),HELPihavea2yrold!  (26-02-2012),PomPoms  (26-02-2012),Stiflers Mom  (26-02-2012)

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    My mummy instincts would say never upset a stable child, but my brain says it could get sticky if you refuse contact.

  11. #10
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    What if you stopped chasing him for Childsupport, would he lose interest in contacting your son do you think ?


 

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