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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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 need to stop contact with the non resident father the correct

Resolved Question:

I need to stop contact with the non resident father the correct way, as the situation has broken down completely. Father refuses to return child. Father has previously absconded with child from supervised contact. I have no option but to halt access by order of the court. Non mol is in place which I obtained ex-parte without any difficulty, stood after return hearing. The pressing priority is to get the court to order this with a penal clause attached. What do I apply for? I am proposing to go in ex parte this week to halt next weekends visit.
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.
How old is the child, when was the last order made and where is the child at the moment?
Clare
Customer: replied 3 years ago.

8.5 , order made 2009 and rolled over by agreement between solicitors. Last order was heavy non mol 2 weeks ago. He retaliated with PSO, not to take child out jurisdiction.

Customer: replied 3 years ago.

8.5 ; residency with the mother ; standard alternate weekends and 1/2 holidays. order made 2009 and rolled over by agreement ; non mol (#2) last week (catalogue of non physical molestation, usually via 3rd parties texting fron anon payg) ; father broke bail conditions 2010 held on remand 6 days ; quite mad ; no evidence of alcohol or substance abuse just plain feckless. reliatory pso ; as i write this he has refused to hand child over as mother lands at lhr @ 8 ; annie is in essex; repeated refusual to hand over child ; police 15-20 times ; 10 times for DV whilst they were together. no objection to contact in principle ; indeed we are doing all the running on this. his application for full custody directions hearing on 13 march. Pressing matter is how to stop access properly and through the court rather than outright refusual/slamming door in his face; he may attempt to snatch her from school on "his" friday. child is with her bio father who has refused to hand her over as "too late" which we have had to go along with. the clause in the contact order permitting weekend swaps is the root of the problem ; new order will have to be prescriptive even if that is a dififcult way to live. no variation clause; I dont think he is fit to parent , too permissive, child not washed, homework never done or defaced according to his own agenda. a complete nutter basically. want cafcass section 7 report ordered. question is really about the intririm arrangements - we have no choice but to cut it back to letterbox contact only. what is the correct thing to apply for ? PSO? Specific measures? new contact order (which will give me parental responsibily for a child i regard as my own)


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry there appears to be a great deal of shorthand in your reply.
Why do you have to stop contact?
What has happened to the child whilst in his care that needs this?
When did he last remove the child and refuse to return her?
Clare
Customer: replied 3 years ago.

Multiple occasions over the last 3 weekends, says child was I'll and couldn't go to school. Gave undertaking that he would return her to nannie today at 11am but then refused. Took child to brownie thinking day, refused to allow handover to brown old , dragged avreamjng child back into car in front of multiple witnesses, then absconded. Refused handover to mother. Police involved. Trust has broken down completely. He does not give a hoot about court orders. Thus if he cannot be assured to hand the child back we are not comfortable with unsupervised access. Initirim measures need to be put in place immediately until the court can see a cafcass report and make a new order.

Expert:  Clare replied 3 years ago.
Hi
What reason did he give for refusing to hand the child over?
Was thinking day on his weekend?
What is the longest time he has kept her past the handover time specified in the court order?
Clare
Customer: replied 3 years ago.

Reason was that he will only handover to mother who was out out country and he knew it. Entirely vexatious act. Previously never any issues with handover to nanny or me. Max overrun a day at most as normally we call police and retrieve her.


 


It was his weekend however he had agreed to swap the Sunday to permit child to go to Brownies all agreed in writing no issues there.

Expert:  Clare replied 3 years ago.
Hi
How often have you had to call the Police in the last year?
Clare
Customer: replied 3 years ago.

20+

Expert:  Clare replied 3 years ago.
Hi
So what is different about this last time?
Clare
Customer: replied 3 years ago.

We have simply had enough.


 


 


Father refuses to return child. Father has previously absconded with child from supervised contact.

Expert:  Clare replied 3 years ago.
Hi
Whilst I can fully understand your position there is a Directions hearing in two weeks time - and he has not done anything "new' in terms of being unreasonable
If it was the first time in over a year you had had to call the police then that in itself could have been enough - but it isn't - it is just more of the same.
You have come this far and giving him one more chance to pull the noose tighter is better than appearing to be aggressive yourself
If the next hearing was months away I would see it differently - but at this stage tactically applying this week would be a mistake
I am sorry - I know that this is not what you hoped for - but it is far better not to risk the long term for a short term gain
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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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