S7 report

[capa]

Been a while however an update and this I'm really unsure of how it will be managed, when asked if the court orders child to see dad on a set day, would ypu go? And the response is...I'll see how i feel on the day, how will a judge manage this in the order, for example the judge could stipulate 1 day per month for 6 months, what if he don't turn up? Isn't that counter productive, wasting my time waiting to see if he turns up, has anyone had this response before ? Advice is greatly appreciated

 

[Windmill51]

Not experienced this yet, but my understanding once you have an order in place, if the other parent does not follow the order, first try and communicate with them in an amicable way but if you are getting nowhere, if no success you need to submit a C79 enforcement form.

Hope this helps.

 

[capa]

This was the responce from my son, it's evident and has been agreed that there's no encouragement from her, my view it's a yes or no answer either do see or don't, sorry but what is a c79 form?

 

[Ash]

So you don't have an order yet and S7 says what? Your son doesn't want to see you? I didn't quite follow your original message. What was that about which day?

 

[capa]

The CAFCASS officer asked my son, if the judge orders a contact order ,whether that be a day a month or every 2nd week would you go and my son replied, I'll see how I feel on the day if I go or not. That's the conundrum I have ,how will the judge manage that response

 

[Ash]

Tricky. What you could propose the Judge to order is that your son comes to you one day every second week on a Sunday, but if your son wants to see you more than that he can choose to do that. And that if he wants to change the Sunday to a different day or overnight some weeks, he can organise that with you directly.

What that does is specify he sees you one day a fortnight - whether it is the Sunday or another day of his choosing. And also makes clear he can come more often if he wants to. I think it's important your son knows that he is not limited to one day a fortnight.

 

[capa]

That's a good point, but if he's adamant he won't come cos of how he's feeling that's day what makes it that he's gonna feel like coming on another day

 

[Ash]

Well if he said he'll see how he feels that day - that is just "that day". If he refuses to come at all there's not much you can do. The alternative is have an order that says child may come as often as he wishes. But that is ripe for manipulation by your ex because he really wont get any say - she will organise his life and plans.

It says to me that he is not refusing to come (ie he probably does want to come) but he's covering himself so he doesn't annoy his Mother by agreeing to come - so he has been vague.

It's difficult - but one day a fortnight isn't a lot. How old is he now?

 

[capa]

He's nearly 13

 

[Ash]

Tricky. I'm sure he wants to see you. So did he actually meet with and speak to the Judge?

 

[capa]

No,this was when CAFCASS visited him for his interview, and i was told his responses at the beginning of my interview