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contact order not s...
 
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[Solved] contact order not stuck to..court help


Posts: 4
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Topic starter
(@mi5789mo)
Active Member
Joined: 12 years ago

my first post..

My ex has not been giving me access to my son, it is quite ad hoc. (she wouldn't let me see him for 3 weeks then said I could have him for X amount of days. Now she has said I cannot see him at all and to take her to court.)

I am wanting to go for shared residence rather than get the existing contact order enforced.

I only know her mums address as she, my son and her new partner have moved.

social services have been involved as I have raised concerns with regard to her partners treatment of my son. No further action.

police have been involved as her partner has threatened me etc. Lack of evidence - No Further action.

What would I be best doing C100 for shared residence with interim contact requested (as I have not seen him for a month) ??

Would this be grounds for a emergency application

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(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

Emergency application if there is a threat or danger to the children.

Put in a C100 but state you are applying for share residence and interim contact. There is a section where you write what you would like. You can attach a separate piece of paper - but be brief!

Was there a court order in place? If so - just goto the court and speak to the judge of the day and request an urgent hearing if she is not sticking to the court order as she would be considered in contempt of court.

BW and GOOD LUCK!

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(@mi5789mo)
Joined: 12 years ago

Active Member
Posts: 4

there is an order in place yes. how would I go about seeing the judge of the day??

From past experience of desk clerks (receptionists etc) they make it hard to pass any message on and just fob you off.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

If you want to go for shared residence you would need to put in a C100 for variance of the contact order...I think. I'll check if that is correct and get back to you on it. If you were going for enforcement of the existing contact order it would be on form C79.

Once a case is over and orders have been awarded the case is then closed which means its not now possible for you to approach the court, you would have to make a new application. There is a problem insofar as you have no address to serve the papers to her, I doubt that it would be admissible to send them to her mothers if she is no longer there. This would mean you would have to submit form C4 which is a seek and find order. On this form it asks if you know of anyone that knows her address and that would be her mother, and as you have her contact details it should be straightforward.

When you were getting contact where did you pick up your son? Could you ask the mother for her address?

Have you considered mediation? This is now becoming the accepted first step before applying to the court.

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(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

You can apply to the courts for an enforcement order - Search in this section for that topic I’ve had to do this just last year.

Write a letter to the judge who granted you the contact order, tittle the letter “To the Court manager and judge (name) Only!)
Then explain the situation…..you will most likely get the court office contact you saying you need to apply to court but this letter will be in the file and the judge should read it – he did in mine! And I was also made aware by the judge at the enforcement hearing of a letter my ex had sent in that I’d not been given!

When applying for the enforcement order you need to be asking for stronger penalties to try and prevent your ex rom breaking the court order again. This should be either by way of a Penal notice attached for breaking the court order (contempt of court).

Just make sure you can back up everything you put in your application….if you’ve texts / emails have them printed and submitted with the application as evidence.
If like mine your ex won’t have a leg to stand on and you’ll be granted the enforcement order…..judges do not take kindly to people going against their orders!

However….if that doesn’t work and your ex is like mine still refuses then you have just one other option and that’s to apply to the courts to act on their penalties and apply for a committal order….but if you get to that point you really do need someone legally trained to help you with the application….i didn’t get mine correctly filled in and did not get the committal order….but it did leave the ex in no doubt of what will happen if she breaks the contact order again – the judge did say that had my application been correctly filled in he would have ordered the committal order and given her a 3mth suspended sentence!

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...you can try writing to the judge that made the previous order, it might help if the order was made quite recently. If not its my feeling that you will be asked to make a new application.

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