Discharging a CAO?

[LilyinWonderland]

Hi everyone. My ex has dropped all contact with our DC for just over a year now. After a very abusive relationship, my ex first applied for a CAO years ago and then lied his way through several enforcement and change of residence applications. He told one too many lies and it all unravelled so the judge ordered a CAO and very little direct contact. He saw our DC for a few months and then dropped all contact.

Is it worth applying to discharge the CAO? Should I leave it because he's not having the contact anyway?

I know next to nothing about your position but I would always be wary of prodding a dragon.

This was my thought too. But then he could turn up in the future and jump straight back into contact without any stepped increase.

@LilyinWonderland

This was my thought too. But then he could turn up in the future and jump straight back into contact without any stepped increase.

Not really. That would be the point where you apply to court to vary or discharge it.

Interesting. Would a judge discharge an order if he wanted contact though?

Ask a specialist if they would contact him prior to discharging the order

Yes, he would be contacted. You can't change or remove a CAO without the other party's knowledge. They must have an opportunity to put their case.

@LilyinWonderland

Interesting. Would a judge discharge an order if he wanted contact though?

Impossible to say. More likely it would be varied.

So just leave it and deal with it if it came up? Maybe a specific issue order to restart the stepped arrangements instead of varying the order?

Yes I really think you should try not to worry and deal with it if it arises with legal advice

I am looking for legal information more than opinions at the moment just in case

On mumsnet? Risky.

@DPotter

I know next to nothing about your position but I would always be wary of prodding a dragon.

This is very wise.

Have I got it wrong? I thought this was the legal board

No, you haven't got it wrong although it does sometimes turn into AIBU. Some of those who post on here are lawyers. However, there are some who confidently post "advice" that is wildly incorrect and even, at times, attempt to tell the lawyers that they are wrong. So don't believe everything you read here.

Leave it be. He can't simply after many months think he can carry on where he left off, court order or not. If you refused him contact in the future and he applied for enforcement you'd not get in to trouble.

I am a family law solicitor.

Thank you @prh47bridge and @Collaborate - I will leave it and see what happens. It was stepped arrangements so would I be better to wait for him to apply for enforcement (for the 5th time) or apply for a specific issue myself? The CAO is very good so I wouldn't want to run the risk of it being varied.

Sit back and do nothing.