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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33300
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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hi,i really need some help. i have been in and out of court

Customer Question

hi,i really need some help. i have been in and out of court for 3 and half years!i finally got a final order to see my daughter on the 29th november, this has been broken on numerous occasions as i have only seen my daughter for a few hours this month, on top of that i have been accused of hitting my daughter, again found to be untrue, then i was attacked by my ex in front of my daughter who is 3 and half, she even screamed and swore at my daughter, i am supposed to pick my daughter up from nursery due to previous attackes, but my ex said she did not know the nursery was open, so i had to pick up from her house as she was not prepared to take her to nursery!i contacted social services they said they cannot do anything as they have a note on there system about domestic violence and i contacted the police they said the same, this is untrue and my ex has been told by the court to stop saying this!!! where do i go from here?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
What does the Contact Order actually say and how has she broken it this month
Claire
Customer: replied 3 years ago.

Ok,Here is the court order


Alternate friday collection from school/nursery - monday morning at school/nursery, commencing 30 november 2012


 


Others are split holidays etc


 


usual note at bottom regarding comtempt of court etc


 


Firstly i have not collected at all from nursery during month, i have only seen my daughter the weekend of 30 november 2012


 


and also xmas eve from 6pm to xmas day at 2.30pm, so i have missed 2 weekends already and this friday just gone she said that she did not know nursery was open so was at home, i asked to be taken to nursery and the response was no!! this was done to have a go at me as my ex has reported me this week for hitting my daughter, again all checks done and nothing there from doctors etc, but she then attacked me when i got to her house to pick my daughter up in front of my daughter and started swearing and shouting at my daughte also! no-one will do anything, i feel it was a set up to get me there to have a go at me and then she just tells the police there was domestic violence before, this again is untrue

Expert:  Clare replied 3 years ago.
Hi
Why were you not able to collect from Nursery on 14th December
Claire
Customer: replied 3 years ago.

on the 14th november, my ex did not take her to nursery again, that time she said my daughter had sprained her ankle and therefore had to rest for 48 hours in bed, she had apparently fell off a climbing frame at nursery on the thursday before i collected from nursery the day after, she said she had been to hospital and gave me a letter about sprains, although i later spoke to the nursery who said this was untrue and i also spoke to the hospital who confirmed they had never seen my daughter at all, and were not very happy about there letterhead being put on a notice they did not issue

Expert:  Clare replied 3 years ago.
Hi
Ok
Just to check - looking at the Order is there a warning on it about the consequences of ignoring it?
Claire
Customer: replied 3 years ago.

yes here they are


a- you may be held in comtempt of court and be committed to prison or fined;and/or


b- the court may make an order requiring you to undertake unpaid work(an enforcement order) and/or order that you pay financial compensation

Expert:  Clare replied 3 years ago.
Hi
Excellent
So On Monday you file a form C79
available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
and start the enforcement process.
At the rate your ex is going you may even end up with a Residence Order!
Claire
Customer: replied 3 years ago.

just a quick query, how to i get the domestic violence stopped, i fear for the safety of my daughter, as she saw it all friday and even got some herself, but my ex just says it all the time to the police and social services even though it is untrue, they then just say it is tit for tat, what can i do in terms of this?injuction against her?defimation of charachter?the judge did tell he to stop using it and she said she wasnt but the police and social services wont do anything for me because she has said it even with no eveidence and i have proof to show it never happened

Expert:  Clare replied 3 years ago.
Hi
At this stage concentrate on enforcing the Order and ignore the violence - but always take someone with you when you are likely to be in her presence so that you have an independent witness
Claire

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