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Vary Child Arrangements Order

6 replies

TeenTitans10 · 11/03/2022 15:22

I have a child arrangements order which allows ex-H two hours contact per week. He lives abroad and has had no in person contact for two years. Out of four children, older two have phones and have sporadic social media contact with him, younger two have no phone and no contact. There is a history of DV, and recently, one of the children disclosed that he had sexually abused her. Went through safeguarding channels at school, social worker and police officer visited, took statement and have given me section 47 report. Older two now want no contact with him either. Now, I don’t know what to do to protect them in case he returns, do I apply to vary child arrangements order now to stop him seeing them, can a child arrangements order even do that? He built up a big debt before leaving, which makes it less likely he will return, but not impossible. If he gets wind of the disclosure he will go ballistic, so is it better just to wait and see if he comes back and act then? Presumably applying to vary a child arrangements can’t be done without informing him? Any help or advice gratefully received.

OP posts:
prh47bridge · 11/03/2022 15:52

Yes, a child arrangements order can specify no contact. He would have to be informed if you want to vary the order.

TeenTitans10 · 11/03/2022 20:24

Thank you. Do you know if no contact orders are very common?

OP posts:
prh47bridge · 11/03/2022 22:49

Depends what you mean by common, but the courts will make such an order if they are convinced that it is in the child's best interests. They are usually temporary, but they can be made permanent.

TeenTitans10 · 12/03/2022 13:22

Thanks for replying. I just wondered if they are only granted in exceptional circumstances. Last time I was in the family court I felt that they privileged the right of the father over and above the safety of the children, so feel wary about going back there. Cafcass recommended he had them EOW despite him driving them around without car seats and seat belts, not showing up at agreed times for contact, losing the two older children (11 and 9) in a major city because he went back to his car for a nap, and so on. In the end he didn’t show up to the final hearing so I chose what went on the order. Obviously the sexual abuse is a step further than that, but can’t be investigated as he isn’t here. Only 1 out of 4 has disclosed abuse, in view of that would the court support no contact with the other 3?

OP posts:
GettingItOutThere · 12/03/2022 23:15

honestly i would not do anything until he turns up and inform him he will not be having contact and to go through the courts

safeguard your kids - but get legal advice on the above! But i certainly would not be poking the bear so to speak, unless absolutely necessary!

Lucyloo1234 · 14/03/2022 19:46

@TeenTitans10

Thank you. Do you know if no contact orders are very common?
If the children are of a certain age and it is there wishes then it could be granted. There is a child arrangements order regarding my DSD and there is no contact with her mother due to this being her wishes, prior to this at the initial hearing only indirect contact was granted to the mother.

If there are safeguarding issues I'm sure the courts would take this seriously, along with the child's wishes.

Hope this helps.

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