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Contact order advice

2 replies

duckwallpooley · 20/05/2020 14:26

Does anyone know anything about contact orders in Scotland? My husband is rather bitterly separated from his ex. He eventually got a contact order in place last year which was working well until COVID. Two weeks before lockdown we were not allowed contact with his DS (10) as his ex said they were self isolating for 14 days ( neither of them unwell apparently and no reason given for self isolating). Since then we have had no contact except phone calls. When my husband has asked his DS about coming here he just says mummy says it's not safe. We are both now not working ( both self employed previously) and are possibly the most isolated we could be ! We are trying to find out how to enforce the court order but there is very little information on how to even start this process in Scotland ( lots of info for England but nothing for Scotland!). As we are both not working there isn't any spare cash for solicitor fees. Help!!

OP posts:
peonyrose87 · 21/05/2020 05:58

We had to get a lawyer (in Scotland) involved during lockdown as the order wasn't being adhered to, and there was no real reason why (both houses are strictly social distancing, and no one is high risk). As the courts are all currently off, there's not much they can do at the moment unfortunately. They sent a letter to the mum stating that the order needs to be adhered to as per government advice, but it didn't do much good. We were advised to document all contact, what the breaches were, etc. We have ongoing issues with them breaching the order before lockdown so we were going to take it to court when we can anyway, but the lawyer did say if it was a case of only breaching the order during Covid, then it's likely the courts will allow the mother to say there were reasonable health concerns and nothing would be done I'm afraid. I'm so sorry, I know how stressful and upsetting it all is. Hopefully things ease of soon

DrDetriment · 25/05/2020 17:12

We are in the same position but in England. Ex stopped contact mid March despite a court order and DP has only had phone calls since. We have all been adhering to guidelines, neither household has ever had symptoms and the ex is taking the children to Tescos etc. We've assured her that we've been isolating and said we will collect them by car (they are 30 minutes away and usually use the train) but no, she says it's unsafe, citing SD's very mild asthma as the reason. The children are desperately missing their dad and other siblings who live with us but there is nothing we can do.

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