Restraining Order Query

[lsharp]

hi sorry to be a pain in the bum but I was wondering if any one could clarify my question

basically I have a restraining order in place (I'm the defendant he's the victim) sounds worse than it is lol!
I have asked for the restraining order to be varied for child contact and I'm waiting for a hearing date

anyway the court has said they have to ask my ex if he is willing to come or not first before they set a date but even if he says no it will go ahead....so can someone tell me if it will go ahead regardless why he has the option of coming or not? what difference does it make?

thanks

[EDDIE51]

He can talk to the court about any problems he has and put his side of the case if he turns up, I can't see what more he could do. It must be better for him to have a say in the proceedings rather than just being informed of the ruling.

[lsharp]

yes I understand that but i don't understand why they need to see if he is coming before setting a date why not just give him a date to attend if he shows he shows if not his loss

[Peter Pedant]

child contact - the interests of the children are paramount ( Children act 1989 ) and so it is better to have the opinions of both parents ....

the other things is dates - if both want to attend then it is likely to later rather than sooner

[EDDIE51]

^Yes just to give him the chance to choose a suitable date rather than just setting a 'take it or leave it' option. As said, it is better if both parents can agree, the child's best interest is the overriding factor here, not you or the father's convenience.

[lsharp]

lovely that makes a lot more sense thank you :)