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Enforcement of cont...
 
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[Solved] Enforcement of contact order

 
(@Jamesmaytty)
Active Member Registered

Hello
Me and my ex had a contact order 3 years ago.
It stated that
'Mother was to make the children available for contact from time to time on a supervised basis or as social service deem appropriate'

I have a few questions. I didn't take up the supervised contact (yes I know!)
Can I enforce the order nearly 3 years on?
And also how often is 'time to time'
Thank you

Quote
Topic starter Posted : 08/10/2018 2:50 pm
(@dad-i-d)
Noble Member Registered

As it's been so long since the order was made you're pretty much going to have to look at starting again and apply to vary the current order - C100. that will mean Mediation will need to have been attempted before you're application will be accepted.

the statement from the order: 'Mother was to make the children available for contact from time to time on a supervised basis or as social service deem appropriate' .... does this mean you've had no contact with your kids in 3 years? also if social services are involved then most likely contact centre for supervised contact is your option, unless there is someone else who would oversea the contact.

You having not taken up supervised contact will likely be your ex's reasons to object but that's then something for you to explain to the courts and likely CAFCASS as to why you decided against taking that option.

"contact from time to time" that could mean once a year, once every few months, once a month...anything. If you were to be asking for contact to restart then i would suggest you would need more specific, stating days/times etc... so you all know what is expected.

Good luck and keep posting for assistance

ReplyQuote
Posted : 08/10/2018 4:30 pm
(@Jamesmaytty)
Active Member Registered

No contact 3 years in January. My boys are older. 10 and 11

Social service were involved, they did a section 7 report, it was their recommendation for supervised contact. I just didn't like the idea of it.
I'm in a better position now and am willing to fight all the way to be in their lives.
I will mention the time to time thing to my solicitor
Thank you

ReplyQuote
Topic starter Posted : 08/10/2018 5:06 pm
(@dad-i-d)
Noble Member Registered

As you have had no contact in 3 years and the past recommendation was for supervised contact i’d expect the courts would order CAFCASS to do safeguarding report and then look at what the Wishes and feelings are of the kids to see what if any form of contact could be re-established.
Indirect contact – cards, letters, emails etc… would be the first stage, with a review to see how the kids and you are dealing with it. If it’s going well then there could well be some direct contact but supervised.
I’ll be honest with you, you’ve not seen them for 3 years, this if at all possible could take a long time to get to direct contact and a lot of heartache you’ll need to be prepared for.
The guys and girls on this site are a great group and can offer you some great advice and support and won’t give you false hope.

ReplyQuote
Posted : 09/10/2018 4:58 pm
(@Jamesmaytty)
Active Member Registered

Thank you for your honesty

I have had a brief chat with my solicitor who said I shouldn't apply for a enforcement order as that's the order I need if she wasn't making them available for contact, but as I didn't organise any supervised contact it's kinda my fault.

He said I'll be lucky to get indirect contact!!

I'm still going to go ahead and apply for a new contact order. Hoping to get any kind of contact to build a relationship

ReplyQuote
Topic starter Posted : 10/10/2018 1:04 am
(@Jamesmaytty)
Active Member Registered

Received cafcass safeguarding letter
They recommend children know nothing about the case until I prove myself (understandably) and new section 7 report

Solicitor says another 6 months until I could possibly even write to them.

I know I deserve this and have to jump through all the hoops 🙁

ReplyQuote
Topic starter Posted : 13/10/2018 1:19 pm
(@dadmod4)
Illustrious Member

Acknowledging this is a good start - yes, it's going to be a long process, but you are under no illusions, so stay positive about the long term goal.

ReplyQuote
Posted : 13/10/2018 11:02 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

As actd has said, accepting the reality of the situation, will help you to deal with the timeframe. Section 7 reports can take up to 16 weeks to complete, although I very much doubt they will be seeking the wishes of the children, as cafcass are recommending keeping them out of it for now, so it could be ready sooner. When are you in court?

Patience will be your ally right now, taking the advice given to you and showing willing, to do whatever it takes to move it forward. Remember to keep your children’s well being at the centre of Your case.

It might be a good idea to do some parenting classes, this will show that you are serious about putting it right. Putting the work in will show results, but it will take time.

Best of luck

ReplyQuote
Posted : 14/10/2018 10:36 pm
(@Jamesmaytty)
Active Member Registered

In court Thursday first hearing

I think I'm just feeling helpless due to cafcass advice to court that the children shouldn't be made aware and I could potentially not be able to see them for what seems forever.

Solicitor said about parenting courses but I have 2 allegations against me from children of my new partner (no evidence)

I can't attend till they have cleared up

ReplyQuote
Topic starter Posted : 14/10/2018 11:25 pm
 Mojo
(@Mojo)
Illustrious Member Registered

They're going to want to look at all allegations, courts are inherently cautious when deciding on the best interests of children.

Just make sure you do everything that's asked of you. Best of luck for Thursday.

ReplyQuote
Posted : 16/10/2018 2:35 am
(@Jamesmaytty)
Active Member Registered

Didn't go great.
Said they have adjourned for more info.
Said it will prob start on indirect contact, only if that's what the boys want.
boys have been given a court guardian.
Said their ages and the time since I have seen them is a big factor plus history.
My solicitor recommend playing it nice to mum see if can come up with an arrangement but I doubt it 🙁
Next hearing is 8 weeks time where they will have all info from professionals

ReplyQuote
Topic starter Posted : 18/10/2018 10:37 pm
 Mojo
(@Mojo)
Illustrious Member Registered

It’s early days... The courts always move with great caution, particularly where there have been allegations of some form of abuse made, as is the case with your new partners children.

Coupled with the fact that you haven’t had contact with them for so long, it’s perhaps understandable that the court are taking this direction.

I would prepare yourself for a long and difficult journey, not impossible, but certainly it will be testing.

Best of luck

ReplyQuote
Posted : 19/10/2018 11:14 pm
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