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hi every one
as per last hearing and afterwards in jan 2018.i didnt hear any thing from my children .i want to see my children now i could not see them for almost 3 years.my question is shall i go through social servies or by court but the courts are always bios and just is ruined in family court .mediation will not work as i think she will not accept it.please guide me what are my best options .please note i am living in difrent town now about a 100 miles away .
your guidance will help me a lot.
thnx in advance
Hi There,
If you have a court order in place that says you should have contact, then you should go back down the court route, as she is breaking the order, you would be looking at an enforcement hearing.
I don't think the SS would be able to do anything unless the children were being placed at harm being with your ex.
GTTS
Hi there
If you decide to go back to court, you will need to apply to the family court near to where your ex lives. However, if the application is to enforce an existing order, you don't need to attempt mediation first.
I'm sorry you are struggling with the court process, I know you've had a hard journey.
All the best
You say you now live in a different town 100 miles away, did you move since the last order was made ?
If that’s the case, rather than seeing the order enforced, you’re more likely to see the order being varied to take into account the new circumstances.
hi
i think its some misunderstanding .i have an indirect contact every month.she didnt breach it but as i said the children arent responding .my question is shall i start from begning or shall i apply to court if i could see my children to build up a relationship .i dont want to go to court when they say no go and try mediation ist.please help
regards
Unfortunately i have had very similar happen to me.
I was advised to apply to vary the order and at the hearing ask for a Family assistance order to have CAFCASS or someone to assist the children to respond to the indirect contact - letters / messages / phone calls / skype calls etc...
Variation to order is applying using Form C100, which means you'll be asked to have attended a MAIM (Mediation Information & Assessment Meeting) to see if there is any way to avoid court before the court accept your application.
despite multiple breaches in my case history i've not managed to find a way past that yet, however have asked that when the eventual outcome of my case is decided that the need to MAIM to be removed from any possible future hearings as it hasn't been sucessful in the 8yrs and i think 4 MAIM's i had to attend to get applications in to court!
it's another cost i couldn't afford but could get out of if i wanted to fight on seeing my child
would really appreciate it if you could move my thread. Thanks again..
Done
hi every one
i have sent an email to my ex to attend the mediation but till now got no responce
as i said the children arent responding of my letters if she doesnt answer then what shall i do and what are my options.
help me please
Keep evidence of your letters and email, your only option is to go back to court im afraid and enforece the order. I would even go to the lengths of requesting supervised contct and have the judge to put a penal notice in the order. You have not indicated how many kids or how old. Must be very hard or confusing time for them too, have hope and keep positive and pateint it will work out in the end.
It would probably be better if you left it to the mediator to send her a letter asking her to attend, it's more formal and she may take more notice of that.
If she still ignores it, your only other option is to ask the mediator to sign the C100 form to enable you to make an application to court.
Best of luck
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