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Hello- New to the board but need advice quickly. My ex partner and I had a verbal contact arrangement in place where, over the years, whenever she is "angry" she denies contact. I have now not seen my children in 2 weeks. Mediation is not an option as she isn't even reachable. What recourse do I have? In the past, solicitors have told me that there isn't much I can do until a court order is in place- but is there something where I can get an emergency court order in place without mediation? Do I have any rights at all? If someone could help and point me in the right direction with regards to forms, actions, etc. it would be greatly appreciated.
Hi there,
You would need to at least attempt mediation before you could apply to court, if your ex won't attend or you can't agree then you could apply to court.
If you don't know where your ex lives and you aren't able to contact her at all then you are able to apply directly to the courts but would also need to apply for a search and find order and the courts would then contact her to attend court.
If you do apply to court then ensure that writhing the application you ask for a interim order to be made, so that hopefully the judge would make an order for contact to resume whilst the case is on going.
GTTS
Hi there
There is such a thing as an emergency application, but the child would have to be at serious risk of harm, or being taken out of the country for this to be possible. When it's a matter of contact being stopped and there's no court order in place, mediation must be attempted before a court application can be made.
If you contact a mediator and explain your situation and your feeling that mediation wouldn't be appropriate, they may agree to sign the court form without mediation having to go ahead. If they refuse you can phone round and see if others will do it for you. Here's a link to the mediation service
www.nfm.org.uk
If you are unable to find a mediator to sign off the court form, you will have to go with it, they will attempt to contact her, (you will need an address for her, whether it's for mediation or to apply for a contact order) if they get no reply after 14 days they will then sign the form to enable you to apply to court.
As said, if you don't have an address for her you will have to apply for a seek and find order and you will need form C4 to do this.
If you have her address and the mediator agrees to sign off the form, it will be form C100 and you will be asking for a Child Arrangements Order. It will cost £215 to make the application, but if you're on benefits or a low income,you may be entitled to help with the court fee, to apply for this you will need form EX160
All the best
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