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Going Back To court
 
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[Solved] Going Back To court

 
(@mjtefc9)
Estimable Member Registered

Morning,

I have regular contact with my son every three weeks, but this is not enough and want to increase, she has said no and so i'm looking to go back to court.

There is no order in place only an agreement between us, which she has broken numerous times.

Last time she accused me of being on all kinds of drugs and being Violent, after drug tests and Fact finding it was all found to be a lie, thing is can she do this again if we go back to court ?

As she knows it drags proceedings on and stops me seeing him, or as she has already tried this and I have contact would it be dismissed?

I really want to take her back to court but don't want to start all the games again ans stop contact ?

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Topic starter Posted : 20/01/2015 1:30 pm
(@Mom24)
Estimable Member Registered

Hi

We had something similar happen..The Courts don,t take kindly to being lied to. I would think as it was proven her accusations were unfounded last time they wont hold much clout this time.
I would be going back and asking for a Defined Child Arrangements Order to allow things to progress to more Contact .
I take it last time the Judge decided that " No Order" was needed?

ReplyQuote
Posted : 20/01/2015 1:39 pm
j2, mjtefc9, j2 and 1 people reacted
(@mjtefc9)
Estimable Member Registered

Yep, I had an order drawn up and the court said they would stamp it and sign it off without me being present, but they forgot ! When I chased for a stamped copy a month later they said it hadn't been done, and when they put it back to the court they then decided "No Order" was needed, to cover their arses.

Anyway I've ended up with an agreement her solicitor drew up that she hasn't kept too and I don't feel gives me enough quality time with my son.

ReplyQuote
Topic starter Posted : 20/01/2015 1:46 pm
 1626
(@1626)
Noble Member Registered

Cafcass will recommend full disclosure of previous proceedings and as there has been a previous finding of fact and it ended without finding, this will come to light.

As you don't have a physical 'order' you will probably have to attend mediation to get the form stamped unless the proceedings have taken place within the last 12 months. In that instance, you can write to the court to seek their advice before applying.

ReplyQuote
Posted : 20/01/2015 1:50 pm
(@Mom24)
Estimable Member Registered

Then i think its time to submit the Paper work..
Take it she paying for a Solicitor?

ReplyQuote
Posted : 20/01/2015 1:53 pm
(@mjtefc9)
Estimable Member Registered

Then i think its time to submit the Paper work..
Take it she paying for a Solicitor?

Yep, I'm representing myself.

ReplyQuote
Topic starter Posted : 20/01/2015 1:54 pm
(@mjtefc9)
Estimable Member Registered

OK had my court date, through.. as I'm going back for a new hearing, as she has failed to comply to an agreement will I get to see a Judge at the first hearing ?

Or will it me a legal adviser? Which seems pointless unless they can rule an order ?

ReplyQuote
Topic starter Posted : 10/02/2015 8:08 pm
(@dadmod4)
Illustrious Member

The court should be able to make at least an interim order on your first hearing.

ReplyQuote
Posted : 12/02/2015 12:23 am
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