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Hi
Recently been to court and court decided i my favour.
I've always tried to be helpful and flexible for my daughters sake. The mother sadly isnt.
That aside , the mother used to use a 3rd party handover , which was always the mothers sister and very rude and obnoxius person, and i didnt want this for my daughter. In court i requested for contact centre to be used and this was granted on my behalf.
My new increased access time is now 9 till 7 pm , but contact centre is only able to provide the first handover , and unable to do the 2nd part as its closed. I recommended a few places local to the contact cnetre, but my ex is refusing to bring my daughter.
In the court order the mother didnt want my daughter travelling for long periods of time in a car , so im agreeing with this and i will be happy to return my daughter to the same area as colelction takes place. Court order doesnt stipulate the drop off location.
Can someone please advise me
Hi,
Was this the final hearing? What time does the contact centre close?
I'm just wondering if you are able to contact the court/judge and write your concerns that the newly placed arrangement is not working and state the reasons and maybe see if anything can be done? (I'm sure i've heard that if its within 21 days of the child arrangement order you can contact them/or something along those lines?)
We use a supermarket such as tesco extra as it is open on sundays and till 11pm - we deicded this as theres no costs, theres always members of the public around and CCTV footage in most of their car parks so conflict doesnt tend to happen - and theres no cost of handovers.
I'm sure others will be able to help more.
Good luck
Hi
Yes that was the final hearing , it closes at 5.30 , ive made some recommendations and she isnt interested. So is trying to reduce the time or make me travel 1 hour approx. My ex is problematic on every single thing. Even when grandparents are visiting from another country, she will never be flexible , and accomdate them , even after the court order states she must.
Hmm it's losing quite some time if you do it by their hours.
If may also be worth sending a letter to your ex, with your suggestions just as a proper form of communication.
Can you not conduct the handover outside the contact centre premises?
Really not ideal and difficult situation.
Heres the info I found on appeals
If you intend to appeal a decision of the family court you must normally do so within 21 days of the decision (unless the judge who gave the decision provided a different time limit).
You need the court’s permission to appeal. You can request permission from the judge who made the decision. If you didn’t ask for permission, or if the judge who made the decision refused to give you permission to appeal, then you can ask permission from the court that you are appealing to.
Personally I think it would be worth trying to appeal even if you are over the 21 day period. Might be best to explain why you are looking to appeal and explain consideration of hours were not taken into account for handover and put what you suggest is put in place for future contact and explain how the current order will negatively affect the time your child has with you.
Other than that I really wouldn't know what else could be done other than applying to vary the order?
Sorry and good luck
An appeal isn't appropriate in this situation I'm afraid. How long ago was the final order made?
You could try writing to the judge that made the final order, explain the problem and ask if it would be possible to restore the case to court for new directions. You would need to write ... for the urgent attention of : name of the judge, at the top of the letter, with the case number and applicant and respondents names, plus the name and DOB of the child. It's always worth a try.
It's possible that the court will advise you to make a new application to vary the order, to add further definition to it. If mediation was attempted more than four months ago, you would need to attempt that first, to try and resolve the issue. If that fails, the mediator will sign the form to enable you to return to court.
Best of luck
my case was back in september, but ive contacted my solicitors on the matter , cause my daughter is so young the time was stepped up and next weekend is the big increase , which pushes the the time frame outside of the contact centre hours , i requested the contact centre as the mother sister was very abusive on the handover and i provided evidence of this to the court so they agreed to use the cotnact centre for handovers only, this meant the mother needed to travel a fair distance from her home , but still only a 1/4 of the distance i need to travel, im concerned about the rules on how a mother can just change to suit herself. I was curious if anyone else has experiences the same, the court stats the times i will have my access , and states the contact centre to be used and when outside of that we need to come to an agreement,but its not an agreement its more of her making and changing the rules to suit her needs and not my daughters
Perhaps your solicitor can write to her formally, to remind her she will be in breach if she continues to refuse to agree a pick up location for your child, make suggestions in the letter and explain that obstructing the conditions of the order would result in a return to court, which would be in everyone’s interests to avoid.
All the best
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