[Solved] quality time for morther and daughter!!

Hopefully actd will be by once he has seen this and give you some advice from someone who has been there and done it.

As you don't have a solicitor anymore I can also ask the Coram Children's Legal Centre to pop by and offer some advice mate.

Keep the faith mate.

Gooner

Yoji is the expert on this one I think - I used a solicitor to get a residency order when I took my children away from my ex, but you certainly do want to speak to CCLC. However, I agree entirely that your ex shouldn't be preventing contact - the order is quite clear and even if cafcass did say something else, they don't have authority over the court.

Hi flybe71,

Firstly sorry to hear of your predicament. Thankfully this seems relatively straight forward in that:
i) You already have an Order
ii) Regular contact is taking place

If it is the case that your partner is using falsely used information this in itself will almost certainly be viewed by the Courts as a breach of the Order. These are quite common and even things such as typo's on an Order (despite both parties knowing the arrangement) are used as a method to stop contact. This of course another excuse to break the Order.

Allow me to shed some light on the instance. As you have an order in place and as this is by Consent, there will be a particular part of your order focusing on your (we'll say) settlement relating to your children. As this is a legal document it will carry some weight, however i have to stress that in my experience, a Contact Order forms a much more powerful tool.

In terms of this Consent Order being breached by your ex you will simply need to contact the Courts and request the steps to raise an enforcement order specifying this is to do with Contact. If the matter comes before a Judge, definately speak your mind, but ensure that it is in a constructive and formulated way. For example: my ex has my daughter every night etc etc i only see her xyz and i feel that my time is seen as of no value.

I would however urge that you contact your ex formally to tell her that unless she ceases your restriction once a month then the matter will be raised at court immediately... its usually enough to give the message.

If you need help with Residence Orders, i'm sure we can also be happy to help.

Thank you to you all for your help. I have been in touch with the court today and was advised to put in writing what has taken place.

Will keep this post going with an update later.

Again thanks for your advise and help.

Flybe1971

Hi
I have written to the courts requesting an enforce order regarding the contact that did not take place the other weekend. I have been advised to complete in triplicate a C79. To vary the contact order a C100 in triplicate as well. There is a charge of £200. The next date in court is in 4 weeks, there is no guarantee this would be listed before that date.
My help for today is this. I am considering writing to my ex partners solicitor stating seeing that the current contact arrangements clearly does not suite my ex partner I now wish to continue with my application for residence and at the next direction hearing will be requesting this.
I feel I will also need to inform her solicitor before a final hearing, reports to be compiled. Blood test to check her alcohol consumption, psychiatric report for her depression as well as to confirm if my ex has bipolar or bipolar two. A full history will need to be established on alcohol use and depression.
I have been accused of domestic violence by my ex but in her statement she does not go into any particulars. Surly I can ask the judge to consider if a case is to be answered to or not. How can I do that?
I do have dyslixa and may find the wording hard. Can anyone help?
Thanks in advance.

hi flybe,

yoji may well be able to help with some of this, but I'll ask someone from the CCLC to pop by and comment on some of the issues you've raised, so please keep checking back here.

Thanks actd

Hi flybe1971,

I'll try to help as best i can:

Firstly, submitting a C79 in triplicate if thats what a Solicitor has advised, maybe this is the best option. Another option is to contact the courts directly for their advice.

Me personally, if contact is being stopped, this all comes down to getting an enforcement order actually going ahead. At the enforcement hearing, a variation can go ahead under the provision that the issue should be resolved there and then. Your residency i will cover later as a secondary option.

If you are writing to your ex-partners solicitor i would include something along the following lines:

Following in recent weeks the non-compliance with the Court Order dated [INSERT DATE], it will be my intention to proceed with Enforcement action against your client through the Courts. Prior to this hearing i would expect that your client disclose her reasons for the current incapatibility of the current arrangement.

If however you are looking to go for Residency, i really would question your point in going for the above, especially considering that the Residency Order will override any hearing made previous or subsequent to your return to Court.

Has this helped?

To flybe1971

If you wish to enforce the contact order you have in place then you are correct in stating that you need to complete a C79 enforcement form.

To vary a contact/residence order you need to file a completed C100 form at the court that is closest to the child along with the £200 fee or the EX160A fee exemption form if applicable.

Domestic Violence is not a bar from contact however a judge will need to take this into consideration when consider the welfare of the child and what is in the child’s best interest. If you feel that this is not relevant then you will need to raise this with the judge at the next hearing.

If you want the mother to comply with test such as blood test for alcohol consumption and psychological tests then you will need to raise this as a direction with the judge and if they judge orders this then the mother will have to comply.

If you have concerns over your child’s welfare when in the mothers care then you can submit a form C1A with your C100. A C1A form is a supplementary form which needs to be included where there are child protection or safeguarding concerns.

If you have further enquiries please feel free to contact one of our advisors on 0808 802 0008 between 8 am and 8 pm Monday to Friday or visit www.childrenslegalcentre.com .
Kind Regards,

Coram Children’s Legal Centre

hi Yoji
Thank you for your advise. It has been helpful.
Will update this link later.

Thanks again.

Hi.
I got a text last week from my daughters mother saying sorry that she with held the contact at the end of October. She was told off her solisitor it was ok to do this.
I have been told the weekending09 December i again wont have any contact with my daughter because she is doing things with her.
We are back in court on the 6December and i will be raising it. The last few months she has been asking to have my daughter on a sunday as she does not get any time with her on a weekend,when we go back to court she wants the last weekend of each month and for me to have my daughter on a sat and Sun!!!
Im geting confused about all these changes.
I think a letter to her solisitor outlining the confusion she is doig and outlining my steps next at court.

Regards

Hi flybe,

Again, totally unacceptable really.

Would you consider allowing it on the basis that the days you would normally have contact be made up the weekend before this?

For example my ex requested exactly the same the last weekend of the month that i not see my daughter. I would agree but only under the basis that the weekend before i get double to make up. Always ensure that if you agree with the above, that you have it the weekend before the Contact, as speaking from experience, even after agreeing it to go ahead after the weekend of no contact. The mother is likely to withold contact and use that "You see him/her on this date" and "i never agreed to that". So thinking proactively is often the best formula.

Hi, was at court today. Frankly i had a judge that kept saying to go back to my old solicitor. I had very little input, even when trying to explain about my ex pastners past history of depression and use of drink the judge passed it by without any consideration. i requested a report of her depression and use of drink, the judge simply orded for a gp report. I offered to pay for a more substantial report but the judge said no. I tried to mention about the missed contact at the end of october, the judge told me to accept an appology and move on.
Can i do anything about this?