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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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I have just been issued an emergency court order which has

Customer Question

I have just been issued an emergency court order which has been dealt with today can you advise me on my rights as I was not notified that there was to be a hearing this afternoon & the order says I have to make my child available from 9.00am Feb 14th but as the respondent I have permission to apply to vary or discharge this order at 9.30am on Feb 14th before HHJ Lochrane at chelmsford County Court.
I need some urgent advice with this matter can you help Please?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the actual issue involved?
How old is the child and what has been happening?
Clare
Customer: replied 3 years ago.

Hi,


 


The child is 7 years old & he lives between mum and dad on an even split 50/50


The issue is that his father has become very abusive to my current partner & has made allegations which are untrue this has upset us both & we do not seem to be able to communicate with him effectively.


My sons father is remarried for 4 years & his current wife has been the main carer to my son which I have been very unhappy about as I agreed to joint custody in order for his dad to be given the opportunity to be involved on an equal share of his up bringing.


My relationship with his wife for the last year has been amicable & we have been able to consult with each other the needs for my son effectively


My exhusband uses his finance to bully me into allowing him to take advantage of arrangements he wants to make for his benefit.


He did not consult me on the matter of booking a holiday for my son to the maldives even though it is not his weekend to have custody for his son.


Although I feel unable to question his motives as he wont allow me to have my say I on this occasion decided to stand my ground & I told him that due to his extreme behaviour I did not want our son to go on holiday with him.


The consequences of this was that today he filed for a court order & a hearing which took place at 3.00pm this afternoon without my prior knowledge & therefore the order has instructed me to make my son available from 9.00am tomorrow morning but also states that at 9.30am tomorrow morning I have the opportunity to have this order overturned this situation has left me shocked and upset i need some help with this urgently please can you help?

Expert:  Clare replied 3 years ago.
i
Why do you not wish the child to go the Maldives?
Clare
Customer: replied 3 years ago.

I do not believe that my ex is of a proper state of mind!

Expert:  Clare replied 3 years ago.
Hi
What do mean by that?
This is important if there is to be any chance of changing the order
Clare
Customer: replied 3 years ago.

I mean that he has been irrational in his behaviour towards myself & my partner including telephoning police to come out to our house & check wether his son is safe asleep in his bed this happened at 1.30am ! this morning.


How can there be any chance of changing the order as my appeal would take place after his father has picked him up?


Also when the order was delivered I did not take reciept of it & the person whom delivered it did not see me in the house he spoke with my partner does this mean I could claim not reciept of this order? in order to ignore it?

Expert:  Clare replied 3 years ago.
Hi
If you wish to change the Order then you need a good reason to do so.
If you do not hand the child over tomorrow at 9 am then you need to be in 9.30 making an application to vary the order.
If you are going to vary the Order then you will need a good reason for doing so
from what you have said so far you may well have a good case - but I need further details to help you prepare it
The form that you need is a form C2 available here
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
There is no point in being pedantic about service - it will only annoy the court.
Please ask if you need further details
Clare
Clare and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Please could you advise me on the preperation that I require for this form


thanks

Expert:  Clare replied 3 years ago.
Hi
I fear that my late start has rendered this question pointless - but if it is still relevant just say
Clare