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This is a question for a family member of mine. We've tried googling but can't find an answer!
They've been given sole care of their children, with visitation rights for the other parent set out by the courts.
The other parent has reacted badly and has not seen the children for a number of weeks, and has stated they have no intention of seeing them.
My question is at what point is a parent able to consider visitation cancelled due to it not being used ? Months? Years? Never?
Did they have a sols? I would just query with Sols. I would take into account though what is in the best interest of the child..What was relationship like with other parent?
A court order stands until it is set aside or varied by the court.
Visitation is the wrong term to use, that's why you can't find the answer. It used to be custody and access until 1989, then residence and contact until 2014 and is now living with and spending time with.
Thanks both.... Sorry I meant I had no problem finding out what to do if you're being kept from your children but not if the person doesn't want to see them! I used visitation as it was on my mind that visits weren't happening!
Going back to a solicitor would be a further expense but if it continues that looks like the way it will have to go.
It's all very knee jerk reaction at the minute, the children are happy and settled as it stands and other parent is standing by their wish to cut all contact.
Okay, so the situation currently is that the parent that the children live with currently has to make the children available to spend time with the parent that doesn't want to see them which I imagine is potentially disruptive as it means they can't make any plans despite knowing the other parent won't actually turn up.
In their shoes I would wait 3-6 months and then apply back to court for the court order to be set aside on the grounds that it doesn't reflect the reality of the situation. Keep anything and everything that can be deemed proof that the other parent doesn't want to see the children.
Fourormore, yes you've got it spot on there!
I think 6 months is fair too.
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