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Hi
Im back yet again. Still had no contact with my daughter.
Case transferred to County Court but yet again she hasnt attended, this will be the 6th time, the only one shes actually turned up for was the 1st when the interim court order was consented by both allowing me to have supervised contact with my daughter as it had been 2 yrs since I have seen or had any contact with her.
I asked the Judge to enforce the order which he was reluctant to do. Also asked whether they would consider change of residency advising that I would facilite and support contact with her mom and I felt that this would be the only way I could get a relationship with my daughter.
The Judge agreed for CAFCASS to complete a section 7 report with a view to a 16.4 guardian being appointed and the possibility of reversing residency.
Also the Judge place a warning on the latest court order advsing that if she did not adhere to any of the conditions, she will be held in contempt and maybe imprisioned, but informed me that this probably wouldnt happen (it was just a threat to hopefully try and get her to attend court).
We received these order approximately 2 weeks ago.
My ex has since moved away from the area, not advising anyone including myself of her new address etc. She has also changed my daughters school - my questions are?
What do I expect from a 16.4 guardian and what are my chances of one being appointed?
What the courts can or will do to find my ex? Especially as I expect her not to attend the next court hearing (within the next 2 weeks).
I have spoken to the school re which school my daughter has been transferred to and the head teacher advised that he took legal advise and has been informed that he is not able to give me this information (even though I have PR and have been dealing with this school on numerous of occasions)?
Also phoned CAFCASS to let them know that they may not be able to get in contact with her to start the section 7 report due to her moving. They didnt seemed very interested and they advised that they wouldnt be able to do anything until she gets in contact with them, which I envisage her not doing.
Feeling very frustrated and anxious. 🙁
Good morning,
This is very tough for you - I am so sorry that you have not seen your child in such a long time.
When exactly is the next court hearing date?
If transferred to County Courts the district judges tend to be more firmer, although limited, if ex is not attending.
Although a penal order unlikely but perhaps a financial penalty for non-attendance could be suggested with greater contact provision within new order.
Were/ Are there safeguard concerns that were/ have been raised?
This is not a good situation to be in - the system/ process your ex is exploiting.
I would go to see CAB or local solicitor to gain valuable advise as to your next strategy.
At next hearing, I would press for an order for immediate increased regular supervised contact, followed by planned overnight contact, within the order I would specify disclosure from previous school to which your child has transferred to & seek guidance from judge/ court about CAFCASS feedback...
This is not going to be easy - applying under 16.4 will be difficult - your ex has looked after your child for 2 years now.
Who would the guardian be & why would this be in the best welfare interest of your child?
I wish you all the best - make sure you get further legal advice.
The 16.4 guardian would be appointed by CAFCASS and is used where there is implacable hostility between the parents.
I think if the judge is considering this then there's a good chance of it if CAFCASS recommend it.
I think you need to write to the judge that made the order and explain that the mother has now left without a forwarding address, that you have spoken to the school and they are refusing to give you any information and CAFCASS also cannot do anything unless the mother makes contact with them, which is highly unlikely. Ask if the court has the power to locate her or whether you must attach a new application to the existing proceedings.
You can attach another application to existing proceedings with form C2 and you would be applying for a Seek and Find Order which is normally applied for with form C4.
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