Child Arrangement Order interpretation

[WakeyCakey45]

My DH has just been issued with a Child Arrangement Order relating to contact with DSS.

The court case came about after DSS mum applied to court, late last year, to discharge the Contact Order that was in place, as she wanted DSS to choose if and when he saw DH (DSS is 11). DH disagreed with this, which she wasn't happy about, so she applied to court to discharge the order that had been in place for several years for 2 days/overnights a week contact. That order had never been fully complied with as DSS mum would often cancel contact at short notice, or cut it short. There was never quite enough for DH to apply to 'enforce' it though as contact usually happened, until last Autumn, when DSS mum said that DSS didn't want to come anymore and DH needed to wait until he was ready. DHs attempts to resolve the situation, with the schools support, resulted in DSS mum applying to court.

After a number of hearings, reports and reviews, a Child Arrangement Order has finally been issued. It states that DH is ordered to spend a minimum of 4 hours contact with DSS every other Saturday. There is nothing in the order that states that DSS mum must make DSS available for contact - yet the last contact order made it clear that DSS mum was subject to the order.

Am I right in thinking that if DSS Mum refuses to let DSS see DH (as she has done repeatedly in the the past), then DHs only recourse is to apply to vary the order? It doesn't seem to give DH the option to enforce it at all? Also, does DH have to see DSS at the times DSS mum dictates? If he is working at the time she suggests, for instance, will he be in breach of the order if he suggests a different time but DSS mum disagrees?

DSS quite openly states that he can only see DH when his mum lets him, and if his mum doesn't want him too, then he says that he won't see DH.

Both DH and DSS mum were self-representing, and the case was heard exclusively by magistrates if that is relevant.

[WakeyCakey45]

Bump. Anyone?

[PajamaQueen]

Is there anyway he could get a free half hour with a solicitor to see where he stands with it? Failing that, could he write to the courts themselves and ask for a bit more clarification?

[WakeyCakey45]

He can't get a free appt - no one does them round here, but he's finding out how much a half hour fixed fee appt will be.
The courts couldn't help - just said it's "open to interpretation"

[EmptyNestAgain]

It sounds like an odd way of phrasing the order to me. Is there a penal notice attached? Was your DH in court to hear the judgement? Did he attend at any time to put his point of view across?

[nomoretether]

Not qualified to give a proper answer but I would agree with you, yes - if she's not in breach then he can't enforce so his only option would be variation. Does it say the four hours are to be by agreement? It doesn't specify which four hours or anything?

[WakeyCakey45]

Yes, ENA, the penal notice is generic, stating that if the order places requirements on any party then they can be subject to penalties.

DH was in court for each hearing, and out his pov across - the magistrates apparently kept getting confused and assumed that he was the applicant and the Clerk had to correct them repeatedly. In the last hearing, they then seemed to assume that DSS mum had applied to secure contact for SS and DH had refused, so that might explain why the order is worded the way it is.

[WakeyCakey45]

Oh, and yes, NMT, the order just states 4 hours every fortnight on a Saturday starting on .

[EmptyNestAgain]

I'm assuming Cafcass were involved so your sis would have had his view considered. The magistrates should have also given you DH written reasons for their decision, which should at least show you their thinking. If there is anything in them that is factually wrong, then you could appeal the decision. Otherwise, an application to vary would be your best bet. However, it would be sensible to attempt to comply with the order first, and keep a detailed log of any interaction with the applicant regarding the Saturdays. If a new court were to re consider the application, then they would be interested in the reasonableness or otherwise of each parties' behaviour.

[nomoretether]

Appeal has to be done within 21 days AFAIK.

[EmptyNestAgain]

Yes, that's so, nomore

[WakeyCakey45]

ENA - there was no written explanation with the order; can DH request one? Does it have a specific court document title/number that he should ask for?

[WakeyCakey45]

DSS did speak to CAFCASS;they compiled a wishes and feelings report. It stated that DSS only wanted to see DH if his Mum was happy with it.
The court ordered that both DH and DSS mum attend the SPIP in response to that.