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Good morning All,
Looking for a little advice before I go back to Court on Wednesday......
Last time I went to Court(early April) the Judge order a section 7 report and for Cafcass to look at the suitability of appointing a 16.4 Gaurdian and also change of residancey.
Since then, 2 weeks after the order was sent out, the ex did a moonlight flit. I have since found out were she is currently living(3 weeks ago) and have informed Court/Cafcass accordingly, hoping Cafcass would still have time to complete their reports.......
I received a letter from Cafcass on Friday, stating that the officer on the case has been unable to contact the ex, at her previous address or on her mobile number and that the new address I passed on to them is unconfirmed, that coupled with the fact the ex hasn't been making herself available previously with Cafcass or responding with anything the court has ordered, so far only attending court once out of 6 Court dates. They have asked for some guidance from the Judge on how to proceed as there has been no progress since August 2013, suggesting the Judge needs to get her before court???
I had the same letter from the court on Friday, with a comment from the Judge that I should take Legal advice on how to proceed next.....as I'm in court on wendesday and I'm self repping that doesn't leave me much time to get the advice I'm going to need.......I'm currently trying to contact Coram but they are busy atm, will keep trying.....so any advice that anybody has would be greatly appreicated.........
You could add another application to the existing proceedings using form C2, asking for a seek and find order. A seek and find order is applied for on form C4 but I'm not sure if you would need to submit a C4 along with the C2...I don't think so but the court office will advise you on this.
I would give the court a call and ask them if you could add this further application, explain the current situation and ask them if it can be added urgently so that it can begin to be dealt with in court on Wednesday.
So even though the judge has ordered the section 7 report etc it would be for me to do the C4 and C2 seek and find order not him?
...I'm not completely sure...but the court will be able to advise. You could wait until Wednesday and ask the judge if a seek and find would be appropriate.
I'm not having much luck contacting Coram as they must be extermly busy. But i have left an ansewrphone message hopefully they might ring me back today?
I think i'm going to go to court tomorrow and try and convince the Judge that as he has ordered the section 7 report etc that it is his responceability to find were she is living so Cafcass can carry out the work needed? I will also print of the C4 form and fill them out this evening you incase I can't swing him to my way of thinking......don't really know what else to do......feeling a little like a fish out of water 🙁
Call the court help desk, they are usually really helpful and can advise you on the best way to go forward with this.
It might be that you only have to submit form C2 to add the seek and find order to the existing proceedings, or the judge can order it tomorrow....speak to the court help desk today, the will make things clear for you. I'm sure.
Have spoken to a guy from the family court section, he wasn't the most helpful person. But he did say that the C2 form is possibly for someone whos court date is weeks away and as mine is iminant that i should just fill the C4 forms and take them in with me tomorrow.
I have also managed to speak with Coram, who basically advised the same, plus advised asking that we set a schedule in court tomorrow for when the seek and locate order is done(so it doesn't waste more time by having to go back to court again) adding that I should ask the judge to penalise the ex as she is blantently not helping with the court process wasting public money the Judges, courts and cafcass's time etc....but i'm not sure i can do this as this court date is for a review hearing not sure if this is calssed as part of the enforcement order??
...it's all classed as part of the proceedings, in a way you are reviewing your situation and then acting accordingly.
Lets hope the judge is sympathetic and moves this forward, you could try asking for penalties but tbh I think it muddies the water... I'm not legally trained though and this is just my opinion. I think the best thing to do is gauge the mood of the judge tomorrow and cut your cloth accordingly. Asking for a schedule to be set is reasonable IMO...and don't be fobbed off, as long as you are respectful you shouldn't feel that you can't speak up!
Good afternoon,
Not long got back from court....apparently the ex has been in touch with the court via email, claiming she wasn't aware of todays court date as she has recently moved home and she is away until 4th August. The judge felt he has no option but to give her the benifit of the doubt even though I'm guessing it is another smoke screen.....
He has told me there is no need to implement a search and find order(c4) as they now have her email address to get intouch with her and she has apparently recieved a letter from Cafcass at her new address??
He also said that as she has move out of the area he will transfer our case to her local court and ask the local Cafcass office to complete the Section 7 etc from the previous order(another 12 weeks). In the mean time schedule an urgent court date to try and get the ex before the Judge with a penal notice attached as he feels this is the only way to move forward. He was very apologetic at the lack of progress and the courts unwillingness to punish the ex for breaking the court orders etc....but he believes i wouldn't see any benifits from him enforcing such punishments.....
One good thing to come from today, the judge is putting on the new court order that the head master from my Daughters previous school MUST disclose the name and address of her new school! Had a knightmare trying to find this information out as apparently the data protection act outweighs my parental responsability??
Little steps but I'm feeling a little more positive today.
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