[Solved] Contact stopped advice needed

Hopefully they will prioritise your application and get you back to court quickly, had you posted before submitting the C79 I would have suggested writing to the judge that made the final order and explaining what has happened and ask for an urgent return to court for new directions... the court have discretionary powers to do this.

You could try calling the court and asking them to prioritise your application, perhaps request that they give the judge that made the final order sight of it... to try and get things moving.

You could turn up at the nursery, but if she is there and starts trouble I would walk away, staying calm and not rising to any abuse....the trouble is this would be witnessed by yours and others children and it's never a good idea to subject little ones to situations like this.

If you arranged to pick him up early, that might avoid trouble, but is she likely to call police and cause more upset at your home? These things have to considered. In your position I'm not sure what I would do , probably try the once and if there was trouble, leave it until the court can sort it out.

All the best

Hi Mojo,

Thanks for your reply. How would i have obtained the details of the judge? I was represented by a solicitor before but i'm deciding to go by myself this time. I stated in my cover letter that i would like the courts/judge to list it for an urgent hearing. i do hope that this happens but i know these things are a lottery so i am not getting my hopes up. I did call the courts and speak to the clerk, i think, and they said if the child is not in harm then it wont be treated as an urgent hearing. Which was quite harsh to hear.

On the days i collect the little man from nursery she is supposed to be at work. I think i will arrange to pick him up early.

Surely if the police were called, which is a possibility, would this not look bad on her part? As she will be the one that will be made to leave by the police?

The judges name would have been on the final order.

Don't read too much into the Clerks response, you could try calling again and asking if your application could be put in front of the judge that made the final order, their name can be found on the order itself.

As I said it's your call whether you decide to pick him up or not, as long as you keep your emotions in check and dont rise to any abuse, most important in my opinion is to keep your child away from any unpleasantness.

Yup I know the name of the judge. But how would write to him. Do you mean the drop in box at the court where u posted the c79?

Yes, I totally agree. I will not make any issues at nursery. It's jot fair on the kids or the teachers. Any sign of trouble and I will promptly leave.

I really do hope I get the same judge. Should have out thst in the c79 cover letter. I'll try giving the court a call on Monday.

You could use that, just as long as you have put FOR THE ATTENTION OF and his name on the envelope.

Let us know how you get on With pick up next week...hope it goes ok.

All the best

Thanks Mojo

I spoke with the courts, well a contact center for the courts, who said there is nothing that can be done until the paper work is updated which can take up to 15 working days.

Have to sit tight and just wait now i guess.

Can she use the hearing to vary the final contact order made in February of this year? I am sure this is what she is ultimately trying to do. If she can do this is there much chance of a contact order just made in February being reduced? Since February my son has a had a regular routine and i would hope the courts would not want to reduce that in anyway. The problem with her is that she if of the mentality that if she can't have something then neither should anyone else.

For example my contract was reduced to a 4 day week. I asked if on the non working day if our son could spend it with me as he will not be at nursery. Her reply was no because i would be seeing him more than she does, Even though she will be at work. grrrr!

So...

Son didn't attend school yesterday or today. I got fed up and e-mailed her that she should be informing me when our son is not attending school, her reasons for stopping contact are totally unjustified and that I have contacted the courts for breach of the court order.

She offered contact and then immediately retracted it. Soon after it was offered again and I'm leaving soon to go and pick up my son. She even went as far as to say the little guy was asking for me. This was all on e-mail.

What I need advice on, please, is what should i do with the c79 that i have already filed. Should i still let it process and take her back to court for the breach or, should i let it slide? If i do let it slide i am presuming that the fee will not be refunded?

I just don't want her to stop contact whenever she feels like it and think that she can getaway with it.

any advice please?

I'm not 100% on the legal process, but I'm pretty certain you won't get the fee back, and I think you have to write to the court to withdraw the application, you can't just let it go by noth doing anything, so you might as well go ahead with it in my view.

I received the court papers today for a directions hearing next Wednesday the 24th May.

Do I need to serve her with the papers? I'm assuming she hasn't received anything in the post as she is freely communicating over email. Can I serve her the papers myself or do I have to pay a process server to do it?

I'm due to have my son overnight tomorrow after nursary so I do not want to do anything until l then.

I feel like I am being deceitful by doing this. Arrive I hate all this. Why can't people just be nice!

Just wanted to say thanks for the replies. I withdrew my application in the end and had to pay an extra £50 to do this. Contact has been restored and the lost contact replaced. In future I'm going to hold off on knee [censored] reactions and be a bit more patient.