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Contact and Enforce...
 
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[Solved] Contact and Enforcement

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(@Mom24)
Estimable Member Registered

Hi All
8 Court appearances still no contact ..She attended 2..
Bit unusual but at the end of my tether..Bit of Info.

My son has a little boy ( my grandson) age 4..he has had 45 mins contact with his son in a contact centre ( for no other reason than his own protection as his ex keeps making untrue allegations) Which my Son willing paid for.His Ex manipulated the situation to get the Supervisor at the time to leave the room..which eventually he did..Then demanded my Son drop the Court case..which of course he was not going to do..that said she then accused my son of threatening her. Picked their Son up and left and refused to attend any more Visits..
Caff cass recommendation for immediate contact was 3 weekly visits in connect centre then staying contact.

This was agreed by Court and a Contact order was granted with a Warning notice attached..

His ex has not once adhered to this order..
Enforcement order applied for..
A Parent Information Programme .was also ordered by the Judge..
This is turning into a Very expensive long drawn out battle..

Now for the question...

Will he get the order enforced? Would it be best to yet again get a Solicitor..He had to represent himself last 2 court appearances due to cash flow...£3..5k so far and still no contact..

Any Advice would be Grateful...

Quote
Topic starter Posted : 02/05/2014 4:45 pm
(@dad-i-d)
Noble Member Registered

A quick search in some old posts of mine:

hope they help

http://www.dad.info/forum/legal-eagle/37593-what-more-do-i-have-to-do-enforcement-order?start=12#42170

www.dad.info/forum/legal-eagle/37837-enforcement-order#39835

www.dad.info/forum/search?q=enforcement%...ldforums=1&catids=27

http://www.dad.info/forum/legal-eagle/37914-enforcement-order-number-two#40280

http://www.dad.info/forum/legal-eagle/36409-flouting-the-contact-order-again-help?limitstart=0&start=12

ReplyQuote
Posted : 02/05/2014 6:43 pm
Mom24 and Mom24 reacted
(@Mom24)
Estimable Member Registered

Hi

Have read and read all above links....

State of Play now.....New Case Number...

Directions hearing date set...for i can only assume on which way to go re the Enforcement Order...Contact Order made in March...Still no contact..so another order will not be adhered to so that will be a totally waste of time...

Question is ...is it worth my Son doing a full statement of all happenings in last 9 court dates ( which his ex has attended 2) for the Judge to read beforehand , due to different Judges on different previous court dates or just Bullet points to put across when he,s there...

He has been going through the Court process now for 12 months and still had no contact....

Many Thanx....

ReplyQuote
Topic starter Posted : 02/06/2014 11:50 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

It probably would be helpful to do a chronology in bullet point form. The lack of continuity is so frustrating and a constant change of judges, each with their own way of doing things, makes for very disjointed proceedings.

I know 12 months seems like a long time for a case to run....my son is in the 17th month with no sign of an end in sight. Hopefully the judge will see that court orders will not be adhered to and start placing penalties on her for her non compliance.

Good luck.

ReplyQuote
Posted : 03/06/2014 1:21 am
j2 and j2 reacted
(@Mom24)
Estimable Member Registered

Hi
I am so grateful for all the advise we get so i am going to post every step that happens regarding the above..

Bullet Points sent via E/Mail to Legal Advisor/Judge..

Directions hearing sat...They knew she wouldn't attend from past History but gave her 10mins to Air Caution...

No Show ...Straight to Jury Hearing in 2 weeks...

CaffCass in attendance...

They were not happy with her total disregard for the courts..

Have now to put a Statement together outlining all breaks of Contact Order...Not a problem..none adhered too..

Also Legal advisor has advised as to the route it could Possibly go down..

1..Enforcement broken..( which we think will happen)

2..Fine...

3. Apply to have a Guardian represent the Child..( this will be a CaffCass officer) with a view to change of Residency ..

Any Idea anyone of the form need to apply for this? As will be putting this in Statement with a hope that Ex Knows how far this will escalate..

ReplyQuote
Topic starter Posted : 06/06/2014 1:20 pm
(@Nannyjane)
Illustrious Member Registered

I'm not sure what you want to apply for? As you are in the court process, the judge will decide if a guardian should be appointed, you don't need to apply for that.

Do you need a template for the statement?

ReplyQuote
Posted : 06/06/2014 3:17 pm
(@Mom24)
Estimable Member Registered

Hi

Thank you so much a Template would be wonderful.....The Courts have advised it could be a C2?.

ReplyQuote
Topic starter Posted : 06/06/2014 3:49 pm
(@Nannyjane)
Illustrious Member Registered

www.thecustodyminefield.com/Factsheets/TCMStatementTemplate.doc

Form C2 is for

1). Adding a further application to existing proceedings.
2). Adding another party to the proceedings.
3). Asking for permission to submit an application.

You mention that you have a new case number, was that because you submitted an new application? If so what was it for?

ReplyQuote
Posted : 06/06/2014 4:11 pm
davedad and davedad reacted
(@Mom24)
Estimable Member Registered

The old Case number was for the Contact Order..Which was closed when granted.
The New Case Number is for the Enforcement order...

Many thank for taking the time to respond .

ReplyQuote
Topic starter Posted : 06/06/2014 4:17 pm
(@Nannyjane)
Illustrious Member Registered

I don't think you can apply for a guardian, although I'm not sure about that....as far as I know it's up to the judge to order this, but talk to the CAFCASS adviser that did the report and ask them what the procedure is.

ReplyQuote
Posted : 06/06/2014 4:58 pm
(@Mom24)
Estimable Member Registered

Thank you for Template...

Full of questions today, The question was put to the directions hearing re breaking a Enforcement Order, Advise was Fine then a Guardian set in p;lace to act for the Child's Interest with a view to residency.

We know she will break Enforcement ..The Courts have took note of her reprehensible behaviour.

Can the Statement include the suggestion of the Legal advisor as to how far My Son is prepared to go with this case?

ReplyQuote
Topic starter Posted : 06/06/2014 7:35 pm
(@Nannyjane)
Illustrious Member Registered

If you notice this position statement from Docstop is divided into headed sections, if you wanted to write something about the LAs suggestion you could incorporate it under the my request to the court section.

This template is the same as the other that I gave you a link to, to but it's a photo shot as you have to pay Docstop to use their templates. I used headings in my sons statement. The spacing is important too, I.5 as is numbering the pages, bottom right.

ReplyQuote
Posted : 06/06/2014 7:59 pm
davedad, Mom24, davedad and 1 people reacted
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