Response to Sukhjit

Posted By: suzy Miller on 30/10/2023 at 10:44

Yes, if you want legal advice – it’s expensive. But since you simply want a legal opinion – perhaps ask if you can book in a one-off hour to discuss?

My guess is that you will be told that you should vary the order (which you can apply for yourself with Celia’s help and reduce the legal costs) and effectively you will be beginning a court process that you will be paying for.

Or – your Ex can be the one to take action (which he may or may not do) and you can self represent (with Celia’s help). Personally, I’d consider option two, because it makes your Ex have to do all the work and reduces your costs as the defendant.

Either way – if you follow the suggestions I’ve made (which you’ve been doing with the co-parenting plan creation (though I would maintain communication through OFW to demonstrate you haven’t cut off communication – it looks bad if he is the one not using the platform, especially if you are encouraging him to maintain contact with his son via a contact centre) – then you’ll be in a good position to present your case either way.

A case which may never go to court if you ex really has bailed on his son.

Celia will be able to advise on the above strategies.

The biggest concern is your son should have contact (with a TRUSTED third party present) with his dad. It’s really important to not give up on that.

Your son can send letters/cards. Have designated WhatsApp’s/FaceTimes (ideally in the mornings before his dad has started drinking) etc. This will also demonstrate your genuine efforts to help your son maintain contact. This is vital for his psychological health. Jenni can support you in this.

Suzy