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Divorce papers

6 replies

dinosaur17 · 20/05/2012 19:20

Hi,

looking for some advice for a family member. I was wondering if anyone can shed some light on contact orders within divorce papers. My family member has access to the child for a set number of days per week as detailed in the divorce papers with the child's mother. Would this be considered a contact order for the non-resident parent and should the conditions not be adhered to, considered a breach?

Thanks in advance :)

OP posts:
fuckwittery · 20/05/2012 19:23

This reply has been deleted

Message withdrawn at poster's request.

fuckwittery · 20/05/2012 19:23

This reply has been deleted

Message withdrawn at poster's request.

dinosaur17 · 20/05/2012 19:33

What can be done if the arrangements filed in the divorce are breached? Can anything be done?

OP posts:
STIDW · 20/05/2012 19:54

A Statement of Arrangements just outlines the arrangements for living and contact agreed at the time of the divorce so the judge knows adequate provision has been made for the children. It isn't binding like a court order and cannot be enforced.

When no agreement can be reached over contact either party may apply to court for contact order which is then served along with a warning notice on both parties. During court proceedings it is possible to refer to the SoA and argue that it was agreed the arrangements were satisfactory at the time they were made and shouldn't be changed unless there is a good reason. A good reason might be children reaching a different stage of development or a change in parents' circumstances. If there is non compliance with a contact order then it is possible to apply for enforcement.

Collaborate · 20/05/2012 20:23

STIDW sums it up perfectly as ever.

MOSagain · 21/05/2012 06:54

yes, agree with STIDW and Collaborate.

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