Contact Orders & The Army

Discussion in 'Finance, Property, Law' started by working_with_choppers, Nov 21, 2008.

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  1. Hi,

    I Currently have a three year old son who I rarely get to see partly because of the job and secondly because she has a problem with my family. I saw a solicitor who essentially informed me that if i got a legally binding contact order, if i was back out to afghan i'd obviously be breaking the terms of the order if i missed a visit. So essentially I have no hope of getting this sorted.

    Has anyone had any experiance of this or know any military schemes which are favourable or more sympathetic to the job? Plus if anyone has any decent information on this which could help it'd really be welcome.

    Just for info, i do have parental responsibility and I have paid CSA from day one.

    Many thanks
  2. Not familiar with the exact sort of situation however in other situations whereby a person is bound by a court order I have seen them given exemption due to the person going on Ops. I personally wouldnt worry too much about being breaching the order, if you can get a letter from your Adjt to say that you are going on tour present it to your own solicitor who can then approach the courts for exemption. In this day and age I doubt you will encounter problems, courts have in my experience been quite sympathetic towards servicemen as they realise they are not working in a "normal job".
  3. I think you need to talk to Judge he practices family law and he should be able to give you some guidance.

    I don't think that the contact order is the only available option.

  4. What about a Contact Order incorporating work/tour commitments? If the mother won't agree to it no doubt a Judge would order it.
  5. Sorry that I have been slow to respond, been a manic week last week at work.

    The Solicitor you spoke to needs to be sacked first and foremost. Dont go back to the person who gave you that VERY bad advice.

    IF and i emphasise if, you have a contact order for seeing your son and IF it is a defined order, which specifically states the days and times you see your son then you need to get it changed to encompass your work commitments and tour responsibilities.

    If you have a general contact order then you may need to negotiate different times for when contact can take place.

    Guys, dont let women think that they have you over a barrel on issues of contact because they dont ...EVEN IF YOU DONT PAY A BEAN FOR YOUR KIDS.....(Which I know you do)

    The law states that contact is a right of a CHILD...the law is not primarily concerned with with the mother wants ....or what the father wants, but what is best for the child overall.

    The mother will have some serious difficulties in convincing even a hard nosed Judge that denying the child contact with you is good for the child...even if it is when you can see the child and when you are not on tour etc..

    SHE must prove that contact should not take place. It's not the case that YOU must prove that contact should take place....i hope you understanmd that HUGE difference.

    I have sent you a PM. Ring me and I will talk you through what to do.

  6. I dont normally do this ....but these contact issues get my goat BIG TIME.

    If there are any parents out there who are struggling to see their kids, or get Parental Responsibility for their own children becuase the other parent is being stupid or difficult.........

    Come and see me at my free legal clinic any Saturday from 10.00 am until 1.00 pm. It is at 77A Baker Street London and is 100% free. I will tell you the correct legal position and you make a small donation, whatever you want to give, to ARRSE or H4H or the RBL

    I do it on a rotation basis with other qualified Solicitors so if you specifically want to see me...PM me and I will give you the dates when I will be there. The other Solicitors can help you anyway if I am not there.

    Don't miss out on seeing your kids this Christmas....or anytime for that matter

    (other Mods - sorry for posting something which looks commercial but denied contact is one of my bug bears)