How long does a court order last?

[Squeakydogtoy]

So, Ill try and be brief, about 5 years ago, DS dad took me to court for contact, he was granted weekend and school holiday contact through a court order. The weekend contact went relatavely well, however, he never had DS over school holidays due to work. The weekend contact went well for approx 12 months then DS dad would cancel for what ever reason, not every time, but enough times for DS to notice. About 2 years ago, DS dad stopped contact altogether for about 10 months, never really gave a reason, just stopped informing me when he would be seeing DS, so I just left him to it. August last year he got in touch again via his mum to ask for contact again, My DS is 9 years old, and idolises his dad, (as they do). Anyway, My DS dad was supposed to have DS on a Sunday in a few weeks but has had to cancel, (which means he hasnt seen his DS for 4 weeks) but has asked to have him one day in the school holidays instead. I have said no as i have arranged childcare as I work. He is now saying that by the court order he has the right to see his DS in school holidays and that he will take me back to court. Where would I stand on this? Im not refusing contact, the only time I say no is when we have plans, I think the court order went out the window about 4 years ago. Am i right?

Pretty much, yes. If he takes it back to court the judge will want to know why he bailed on contact for so long and will be most likely to strike the previous conditions and grant a new order appropriate to the circumstances.

I'm not legally qualified but as I understand it, a contact order obliges the RP to make the children to which it applies, available for contact. There is no obligation for the NRP to have contact.

The court order will still stand and you will need to go back to court to vary it, should you wish. Your ex can also go to court to enforce the existing order. A judge may be sniffy about him not having regular contact but I wouldn't have thought you would be able to deny it.

No. A contact order remains in force until the child is 16.

Although if he came to me wanting to enforce an order he hadn't followed himself, I would expect the Court to treat it as an application from scratch, given the gaps, as a child can't just pick up where he was left 2 years ago. If you don't want to comply with the order you yourself should be applying to court for a variation.

So basically DS dad can drop and pick up DS as much as he likes and there is nothing I can do about it? He can just cancel contact and then expect me to cancel plans/rearrange plans to suit him when he clicks his fingers? How can anybody be expected to go along with this?

No, if it isn't "his" time, then he can't expect anything.

But you need to take it back to court if he now wants to reinstate the order and you disagree.

And in terms of the particular day he wants, why shouldn't your son see his dad just because you have booked a child minder or whatever? What would your son rather do?

I know what a bloody wind up it is but the Court won't consider that a decent argument.

Its not a matter of "just because ive booked a childminder". I live miles away from family and I have to arrange it so family can drop off with the next carer for the day, It would mean DS travelling back to me in the evening, see dad that day then to travel back either that evening or early the next morning. Other wise, I would say yes.

It's good you are arguing with a solicitor rather than taking on the free advice

Squeaky that's not what people said
Yes the order technically remains in place until the child is 18 but if the NRP doesn't take up the contact that is offered they cannot just pick and choose the bits they want without consequences.
The likely consequence is that they will have to take it back to court at which point a new contact order will be made based on the child's best interests under the current circumstances.
I have seen judges strike everything in existing court orders and rewrite them completely on several occasions.

I don't know the legal stuff unlike other's on here, but can't he have him another day in the holidays? Why does it HAVE to be that particular day - surely the OP isn't being unreasonable in refusing and offering other dates instead?

wobytide I know, your right, Im sorry. Its just so frustrating.

TryingToForgeAnewLife Its his only day off (in about a month) apparantly, -even though fb says different- If I hadnt already sorted childcare, which is like a military operation, then i would be more than happy for him to have DS

Ensure you get the Facebook evidence for Court as proof that he is available for contact at other times.

I also don't read your posts as arguing, l read them as explanation of your situation further.