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My son has been fighting in court to see his kids for 2 yrs now even thought an order was made in January for him to see the kids at a centre (because he hasn't had contact for a year no fault of his) which his ex has blocked at every opertunity firstly she couldnt afford to go then when she was awarded travel costs she said she didn't want to go as it would upset the children it is now December last week she didn't appear at court so another ruling was made stating she must allow contact she has now sent the court a c2 form asking to leave proceedings and overturn the courts last ruling on the excuse that my son missed sending letters to the children on 3 occasions (he has been sending letters weekly for over a year recorded delivery and yes did miss 3 but explained at court that he just doesn't know what to put anymore as he gets no feedback back from the children as they are too young has anyone been through a similar experience
He could apply for enforcement of the order, but when is the hearing for her application? I would imagine that both cases will be rolled into the same case, in which case hopefully the court will still come down on her for not complying. With regards letters, perhaps a simple card saying "thinking of you" would do, and then a longer letter every 3rd or 4th week might suffice until you actually go to court.
Hopefully, someone with better legal knowledge can advise on here more with regards to how you handle her application.
I don’t think it’s likely that she would be successful in getting the order overturned, from what you say the missed letters have already been discussed in court. The C2 application will automatically fall under the existing proceedings.
As she is in breach of the order your son can make a C2 application himself, to have the order enforced. Does he have a date for the next hearing?
Hello thank you for your reply yes he has another court date on the 18th of December she has already stated that she does not want to attend this
She is a party to proceedings and must attend, the court have already acted without her being there, they will lose patience with her.
I would suggest your son prepares a brief two page position statement, giving a little background, his concerns and suggestions for how he would like contact to be progressed.
He could also complete a C2 form to take with him to the hearing, to ask the court to enforce the existing order, he could ask at the hearing, the court may accept it his verbal submission, if not he could put forward a C2 application for a new application for enforcement under the existing proceedings.
I agree with Mojo's advice.
If she doesn't attend, they are likely to make an interim order in her absence. She's very silly if she keeps not turning up. The court will lose patience with her.
hello out there OP. I have to agree with what was said up there. now i'm interested in what she's going to do.
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