Most of you are here because you’ve had, or are having issues surrounding levels of contact between separated parents.
I’m seeing quite a few posts at the moment concerning withholding addresses and / or child maintenance which are being linked to contact. I wanted to offer some thoughts on this and how the court view it.
Of course, any parent can stop contact or not agree to it starting, but you have to be aware of the court views on it, else you run a very high risk of repercussions.
The only acceptable reason that courts are likely to uphold is that of danger to the child, anything else they will not, as there are options which can work around it. For example, if you’re worried about having to face your ex then the courts will ask you to consider a third party handover, or even better for the non resident parent to collect from school on Friday and return them on the Monday. Sometimes this can result in the NRP gaining more contact time!
Child maintenance is a particular bugbear for courts. They take a very dim view of it being used to withhold contact. Finances are not dealt with in child arrangements hearings, and the use of them as leverage surrounding access is particularly frowned upon. The same is true for withholding addresses - and this goes for either party. Of course, if it is down to concerns around safety then this will take precedence. Just demanding to know and refusing contact if the information isn’t forthcoming is insufficient in the eyes of court.
Of course, everyone’s situation is different and there will always be exceptions to any rule, but the overriding view from court is that the child will benefit from contact with both parents.
Nothing should taken from this blog as formal legal advice, simply the views of myself as a mckenzie friend having dealt with many cases of this type.
If you feel that you need some guidance on your case then please feel free to book an hour with me, by going to https://www.facebook.com/namckenziefriend/
Neil Andrews 16.10.20
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