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She has moved ! guy...
 
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[Solved] She has moved ! guys please, any advice???

 
(@dadmod4)
Illustrious Member

I find it hard to believe that it cannot be served to her solicitor with the instructions that they then pass the papers to her. I'd give the court a call to ask their opinion on this.

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Topic starter Posted : 11/06/2015 12:38 am
(@Loving_Dad)
Reputable Member Registered

Firstly you need to get yourself a better solicitor or pushed them harder/ faster to get contact order before...even supervised in the presence of mother as child is so young.

There is an application to the court that you (your solicitor) needs to apply for to obtain the address of respondent for the purposes of the child application.
I would put a note into the court notifying them of CM's solicitor contact details who has knowledge of her whereabouts.

The tricky thing comes if the CM is in a protective shelter or protective accommodation or if there are genuine high risk safeguard reasons why CM or Child/ren should not supply address...

ReplyQuote
Posted : 11/06/2015 2:26 am
(@halfoyster)
Reputable Member Registered

If ex has filed a C2, i think her address cannot be disclosed to you. If in shelted accommodation, she must have file a C2 or made court aware of her situation. Ask if child can be made resident of court (if that's the right term).

However as Actd said, I would save money and time and just serve her solicitor as they are acting on behalf of your ex. The problem is her solicitor might pretend not to receive it if her account is running on empty. If all means fails, it could go down the deemed service route (normally in divorce, not sure if it applies in family cases).

One extreme is taking the abduction path, speak to Reunite www.reunite.org, they can advice on the address situation also.

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Posted : 11/06/2015 7:35 pm
(@Nannyjane)
Illustrious Member Registered

C2? That's not the form to apply for a seek and find order, it's form C4 here in England but Scottish law is different so I would check with you solicitor.

I really don't understand why her solicitor can't accept it on her behalf, that's not the case in this country, again it might be different in Scotland.. As actd suggests, give the court a call, the court office should be able to answer your questions and you don't need to ask for anyone specifically.

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Posted : 11/06/2015 7:46 pm
(@halfoyster)
Reputable Member Registered

my bad it's C4 not C2

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Posted : 11/06/2015 9:02 pm
(@Loving_Dad)
Reputable Member Registered

KM,

Your solicitor completes the court form and is able to get address...as I say tricky if in sheltered accommodation or safeguarded due to high risk to herself and the children...I am not aware of your situation.

With regards to serving child application it has to be submitted to the respondent (CM)...not respondent's solicitor...they are under no duty to accept the papers nor is it served.

As I say push your solicitor and start earning his £££.

Why did you not apply for contact when your child was born?

ReplyQuote
Posted : 12/06/2015 10:54 am
 Mojo
(@Mojo)
Illustrious Member Registered

The C4 form will ask you to name any persons or organisations that would know her whereabouts and quite simply her solicitor would know that, or members of her family.

I don't know if the C4 is the same in Scotland but the court office or your solicitor will be able to clarify that for you.

As far as your ex's DOB. I doubt it is essential to submit the form.

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Posted : 12/06/2015 2:56 pm
(@Loving_Dad)
Reputable Member Registered

KM - my sympathies...

I have checked the form and DoB of ex is not necessary...give as much info on the form as possible.

As Mojo says, you will need to give details of the person whom you consider knows the whereabouts of the child i.e. the ex's solicitor and or any friends or family in the area.

With regards to applicability in Scotland, I don't know myself.
To save time, pop into the court office on Monday and ask if C4 is the right form for Scotland (probably is but don't want to give you the wrong information).

This is parental alienation and never in the best interest of the child/ren.

The other thing concerning me is whether your name appears on the child's birth certificate or not.
If you or solicitor have not done so, I would apply for a copy as precaution.
If name not on the certificate, you'll also need to apply to the courts to recognise you as a father with parental responsibility to the child.

Good Luck & Get Form submitted ASAP.

Keep posting & let us know of outcome.

ReplyQuote
Posted : 13/06/2015 4:26 am
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