Contact not being adhered to by NRP

[ratatatatouille]

I have a live with order, exh has contact every other weekend, supposedly twice for midweek after school which he rarely takes up. He also has the majority of school holidays, apart from three or so weeks at Christmas, Easter and Summer that they’re with me.

Now the issue here is, whilst the order specifies when he should have the children, he seems to completely ignore it. He has refused to arrange holiday dates with me in advance. The response I get when I query why he’s not adhering to the contact is “I’m not legally obligated to have dc”.

Whilst I appreciate I cannot force contact, its leaving me in a very difficult position with regards to arranging childcare at the last minute because he simply refuses to give adequate notice when he can’t or won’t have dc. Again this half term he’s informed that he won’t be having them, I’m left with changing my plans and booking in ad hoc childcare.

The order was made very much in his favour giving him maximum flexibility at my expense and now he refuses to commit to the contact he demanded less than 12 months ago. Would the judge look unfavourably on the case, if I were to vary the order less than a year after it was sealed? And what’s the process?

Apply to court for a variation stating that he has not taken up all court ordered contact - and list all the failed contacts as proof.

C100 - and a year is plenty of time to discover that an order is not workable and to seek a variation.

Thanks JustAnotherLawyer. I would really like to avoid going back to court. His actions seem like they’re meant to cause as much disruption to my plans as possible, leaving me with no option but to pay an hoc nanny to fill in. And to add insult to injury he pays no maintenance.

Would we have to mediate prior to C100 for variation? Or would it be a straight application setting out my reasons? And how many hearing does it take to get an outcome? His other reasons have been “I’m working” would that be seen as a good enough reason to refuse contact? Given the dates he demanded were what he himself proposed as workable. Apologies for all the questions.

Yes, you will need to attend a MIAM before submitting a C100.

The number of hearings will depend on a number of factors, including whether you and your ex can agree or whether the court will need reports.

He's not obligated to take up contact - but the court will expect you both to sensibly adjust arrangements where possible.