Contact order

[chil]

Hi everyone, just a quick question.
Is someone able to obtain a contact order without having parental responsibility?
Thanks in advance

[Kati]

Re: Contact order

A contact order in regards a minor?

I know that grandparents etc... occasionally are granted access/contact through the courts. As are siblings after adoption.

If you gave us a bit more info then we might be able to advise more clearly

K xx

[stevemLS]

Re: Contact order

Have a look at Section 10 of the Children Act 1989 - it sets out those persons who are entitled to apply for a contact order but virtually anyone who is not otherwise prohibited who can show a connection with the child can apply, some of them require the permission of the court before they can make an application.

Section 10 is here http://www.legislation.gov.uk/ukpga/1989/41/section/10 not terribly friendly language.

[chil]

Re: Contact order

A contact order in regards a minor?

I know that grandparents etc... occasionally are granted access/contact through the courts. As are siblings after adoption.

If you gave us a bit more info then we might be able to advise more clearly

K xx

Thanks for the reply,
My husband and I have Parental responsibility, my husband is not my son's biological father but he has been there since I was 3 months pregnant and has been the only Father my son knows. His bio has had some contact from the age of 1 up until he was 3, it was very on and off and has never applied for PR. My son only knew him by his first name (his choice not ours) he is now 5 and is also Autistic and is very settled.
basically, the bio has emailed to say that he has arranged mediation but where can it go from here?

[Kati]

Re: Contact order

[RIGHT]

Thanks for the reply,
My husband and I have Parental responsibility, my husband is not my son's biological father but he has been there since I was 3 months pregnant and has been the only Father my son knows. His bio has had some contact from the age of 1 up until he was 3, it was very on and off and has never applied for PR. My son only knew him by his first name (his choice not ours) he is now 5 and is also Autistic and is very settled.
basically, the bio has emailed to say that he has arranged mediation but where can it go from here?

Is the bio named on the birth certificate? I can understand how upsetting this would be (for you and your child) ... I believe that whatever is in the child's best interests is going to be the outcome If that is him not seeing bio dad (and tbh with his autism it will be very unsettling ) then that is what you have to push for xx

[stevemLS]

Re: Contact order

Kati is (as usual) absolutely right. Section 1 of the Children Act 1989 provides that where the court determines ANY decision affecting a child then the child's welfare shall be the court's "paramount consideration".

[chil]

Re: Contact order

Is the bio named on the birth certificate? I can understand how upsetting this would be (for you and your child) ... I believe that whatever is in the child's best interests is going to be the outcome If that is him not seeing bio dad (and tbh with his autism it will be very unsettling ) then that is what you have to push for xx

He is not on the birth certificate and pops up every now and again making demands. My OH has been his DAD from day 1 and his consultant and support worker have both said that it would not be in his best interest to have contact. My OH and I have another son and we live a very stable routined life which will be heavily affected if contact is granted (a fire bell at school affected my son for two weeks because it was out of the ordinary for him) even going out and about is a struggle to deal with and because the bio has not had much to do with him, he wouldn't know how to deal with him if he has a meltdown.

[stevemLS]

Re: Contact order

Well, IF he applies for a contact order, you will have the chance to fully present all that evidence at the hearing.

[chil]

Re: Contact order

Well, IF he applies for a contact order, you will have the chance to fully present all that evidence at the hearing.

Ok thanks, I guess we will just have to see what his next move is.

[stevemLS]

Re: Contact order

I'm afraid that's about the sum of it, not the best situation for you but until there is an application you can't deal with it.

You'll get lots of support here if and when it does materialise, although with the stakes as they are, you will probably want professional assistance.

[Kati]

Re: Contact order

Ok thanks, I guess we will just have to see what his next move is.

Keep us updated if and when you need any advice/support

K x

[leclerc]

Re: Contact order

Ok thanks, I guess we will just have to see what his next move is.

Does the bio know that his son is Autistic? Can you tell me where on the spectrum your son is?

Getting a contact order will be more difficult in view of the fact that the child is autistic and routine is important for a child on the Autistic spectrum.

[chil]

Re: Contact order

Does the bio know that his son is Autistic? Can you tell me where on the spectrum your son is?

Getting a contact order will be more difficult in view of the fact that the child is autistic and routine is important for a child on the Autistic spectrum.

Thanks everyone.
His diagnosis is ASD probable Aspergers, he is on the high functioning side.
I think we'll just have to start saving up to prepare us for any possible legal battle

Thanks again for all your support and advice.

[chil]

Re: Contact order

And he does know he's Autistic.

[stevemLS]

Re: Contact order

Thanks everyone.
His diagnosis is ASD probable Aspergers, he is on the high functioning side.
I think we'll just have to start saving up to prepare us for any possible legal battle

Thanks again for all your support and advice.

From what you say about his history, he seems quite consistently flaky, if that isn't an oxymoron. So whether he would have the tenacity and perserverence required to follow through on his threats is by no means certain.

Whilst you might be wise to start your "war chest", try not to worry too much about it until it actually happens.