Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

whats obligation for direct contact?

10 replies

farmersmarket · 02/12/2013 12:30

Help! In custody process with my 11 year old DS as his father applied after 8 years absence and history of DV and hes refused contact since 2011... I have agreed to indirect contact (Email, letters etc) but CAFCASS are now reviewing (Section 7 report) and if a direct contact order is made, whats my obligation? I had legal advice that its to "make him available" for contact but what does that mean? Anyone know or experienced this please? For example am I obliged to let him come to our home, made calls to our home number, take our son to meet him etc? ... feeling pretty sick about the thought of this (PS wil posted in legal too)

OP posts:
Berzingaa · 02/12/2013 12:38

You are legally obliged to make your DS available that means if the court says he's to see him an hour a week you have to make sure DS is there even if it's in a contact centre.

In short you are court ordered to make DS available and at contact unless he is ill, hospital etc. You could face fines, jail time (VERY rare) community service

I had it with my LO but court ordered no contact due to it not being beneficial to LO

farmersmarket · 02/12/2013 12:53

but what is "available"? do I have to allow him to come to my our house for example? if it was contact center am I obliged to take him there (its 40 miles away)? can they order me to take calls or skpye at my house?
I am worried as I have been told almost all fathers get direct contact regardless....

OP posts:
farmersmarket · 02/12/2013 12:55

and that cafcass basically bully you into agreeing....

OP posts:
Berzingaa · 02/12/2013 13:00

To make him available means you have to make sure your DS and you does exactly what is on the court order whether that be an hour a week or overnight stays every other week end

Yes If court order indirect contact skype, facetime, phonecalls you have to make sure you DS does them whether you go to a library, mum's house, your home etc is your choice. The court can't order you to let him in your house however he legally has a right to know where you live so if you don't want him to know you can make sure the court make it private. If it's in a contact centre and the nearest one is 40 miles away then you have to take your DS to if you don't your breaking the court order.

Almost all fathers do get contact whether in-direct or direct. CAFCASS have no say it's the magistrate whom decide

Berzingaa · 02/12/2013 13:06

CAFCASS will do an assessment which they will give to the court.

So when you have that assessment you need to make sure you are completely DS focused you need to mention he refused contact and what that effect had on your DS, the DV, abandonment etc you may find CAFCASS will speak to your DS and he can voice his own opinions

farmersmarket · 02/12/2013 13:09

CAFCASS will be speaking with DS and hes quite articulate and been clear to me he does not want to meet him.
Thanks for your comments too!

OP posts:
farmersmarket · 02/12/2013 13:11

Ex lives in California btw and has visited 6 times in last 8 years. He has as indirect access (email, letters etc)

OP posts:
Berzingaa · 02/12/2013 13:16

It's okay.

I'd just watch because I've hear CAFCASS seem to back woman favourable (as the men say) However because your DS say's he doesn't want to meet him, his father might say it's because you've told him to my ex is currently banging on about the child abuse I inflict on my 18 month old with Parental Alienation Syndrome so they might make an order for indirect of very minimal direct contact you need to keep that in mind.

If it's in a centre your best bet would be to take your DS but make it very clear that if he doesn't want to see him/go in etc then he doesn't have to just to let the contact worker know and I found it very helpful to communicate with the staff that way you've made him available and he's made the decision to go/not go for contact you get to check it out before hand and have a chat he can say then he doesn't want to go. I'd also ask for notes.

They will see that they can't force a child to like somebody and they can't force contact that will only be damaging to a child.

That's all if you go to a centre though!

Hope it works out the way your DS wants

farmersmarket · 02/12/2013 13:24

yes my ex too now claims to be the victim (wtf!!!) of parental alienation.

this is very true actually - but the parent whose alienated his son from his father, is his father!

ok I will try to bear your advice in mind to manage the situation though as it hard to keep from getting upset and/or angry but I know I need to.

OP posts:
Berzingaa · 02/12/2013 13:38

Exactly They pull all this crap out the bag I apparently told my DS of 18 months to not like his father and to whimper in fear.

Go in there knowing he will say all the shit he can to make you look bad and him look good

New posts on this thread. Refresh page
Swipe left for the next trending thread