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ex not engaging wit...
 
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[Solved] ex not engaging with cafcass

 
(@blackadder76)
Estimable Member Registered

hi following on from the last enforcement hearing which my ex refused to attend (4th hearing running)
cafcass were instructed to write report on suitability for unpaid work i had meeting at cafcass office and cafcass officer says he tried to visit my ex the curtains were closed and ligjhts were on but no answer.

the next hearing is next week i do not hold out much hope my ex will attend and the cafcass officer cannot look into the religious cultural health issues he needs to before an unpaid work order can be made.

cafcass officer did mention the judge could issue a warrant for her arrest and he seems to think there will be some long term involvement in the case but dis not say what that would be

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Topic starter Posted : 07/10/2015 3:55 pm
(@blackadder76)
Estimable Member Registered

Hi can an admin please move my above post to the legal eagle section as posted here by mistake.

Thanks

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Topic starter Posted : 07/10/2015 5:20 pm
(@AdamsDad)
Estimable Member Registered

Hi Blackadder76

Sounds like your ex is really trying to cause problems for contact and is not liaising with CAFCASS either. Not turning up to enforcement hearings either is not good either. It is such a shame but I feel you are on the right tracks towards having custody of the child then it will turn on her head to contact you for contact.

I hope it goes well. Just ensure you get all your documents and facts all filed so when your in court ... and when your ex eventually comes you got all your evidences. Court will not be happy with the ex that is for sure.

Keep well!

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Posted : 07/10/2015 5:33 pm
(@dadmod4)
Illustrious Member

This is something I heard about last week, which I hadn't come across before, but you could try to ask the court for an order giving you residence, but suspended for 12 months. If the court goes for this, either your ex is going to have to allow proper contact as ordered by the court, or the residence can be then enacted - either way you win.

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Posted : 07/10/2015 10:18 pm
(@blackadder76)
Estimable Member Registered

Yes thats a really good idea the actual thought she might lose residency may make her comply with the child arrangements order

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Topic starter Posted : 07/10/2015 10:35 pm
(@dadmod4)
Illustrious Member

As I say, it's not something I've come across before, but if you suggest it to the court, they might just like the idea.

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Posted : 07/10/2015 10:49 pm
(@blackadder76)
Estimable Member Registered

Do you know of any case law in this area.

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Topic starter Posted : 08/10/2015 1:38 pm
 Mojo
(@Mojo)
Illustrious Member Registered

This might help, there is reference to specific case law in the same circumstances as you find yourself in.

http://www.marilynstowe.co.uk/2015/01/22/enforcing-contact-orders/

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Posted : 08/10/2015 2:03 pm
(@dadmod4)
Illustrious Member

The recent case is that of Rebecca Minnock - this was all over the news recently, so you will have heard about it. The judge in that case was HHJ Wildblood, and I was at a talk last week where he spoke - that's who I heard the above idea from, so plenty of authority.

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Posted : 10/10/2015 10:38 pm
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