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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
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 ask the Judge for permission for my case to be heard

Customer Question

I need to ask the Judge for permission for my case to be heard in court, my grand daughters mother keeps breaking the court order. How do I set the statement up.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
When was the Order made and in what way is it being breached?
Clare
Customer: replied 2 years ago.

Hi Clare


One weekend when I had Gabrielle Sarah text me to say she had a party to go I said I would take she said no I said I will pick her up from the party she said no. Then she went on to say that Gabrielle is here there and every where. When I took her back I asked for her knitted dress her partner said Sarah was in the shower I said I would wait he said no you wont I asked him not to speak to me in that manner Sarah came out and said the dress was in her bag they were both shouting at me I said that if Sarah had texted to have given me or her daddy that information there would not have been any shouting she dragged Gabrielle into the flat which made her cry I said see you at 6 PM I turned up and they were not there to hand her over Sarah said my grand daughter was in harms way with me if that was the case the judge would not have granted 2 years of joint residence and my own court order so she couldn't stop me seeing my grand daughter both my son and his ex partner never turned up to court that day. She has also told me she will dictate to me when I see my grand daughter. Sarah also phoned the police on me they threatened to throw an harassment order on me they were screaming at me I couldn't understand what they were saying to me so I made a formal complaint about the 2 officers to their inspector a sergeant came to see me and I explained every thing to him the next day he came to see me to tell me they listened to the recording the officers will be dealt with. She is not looking after properly Gabrielle begs me not to take her back home and when she stays at her daddy's she crystal when it's time to go home. Sarah wanted Gabrielle back for 12 PM on Sunday but I said no I have her until 4pm it's on the court order so she is using Gabs by saying that Gabrielle won't be attending his wedding as a punishmeny

Expert:  Clare replied 2 years ago.
Hi
What contact should you have according to the Order and when was it last broken?
Clare
Customer: replied 2 years ago.

Hi Clare


 


It was broken on the 11 January 2014 then last weekend she wanted my son to take her back for 12 PM I said no. I have to split my weekend with my son otherwise he wouldn't see her. I had to remind my son that it's my court order and that they both shouldve been at court. It says on the court order to return her at 4pm there are no dates on the order because at the time Gabrielle wasn't at school and Judge Waine said as adults we could be able to make the arrangements as adults but i'm afraid Sarah is only 21 and still acts like a child. I have to protect my grand daughter Sarah wants my family to never see Gabrielle again. Gabrielle has moved 13 times in her 5 years of her life and now she wants to move again and put her in a school that is not as good as Stud fall that's one of the reasons she can't talk properly she has been assessed by the speech therapist and she is the average of a 3 year old. I have emailed the head teacher to ask how I can help her but no response as yet Sarah is suppose to read with her every day but she doesn't. Sarah never takes her or picks her up from school. She isolates Gabrielle from her friends. Can you help me

Expert:  Clare replied 2 years ago.
Hi
When is contact meant to start each time?
When are you next due to see the child?
Clare
Customer: replied 2 years ago.

Its suppose to start on a Friday I pick her up from School and I have her for the whole weekend until Sunday till 4pm, I am due to have her next weekend.

Expert:  Clare replied 2 years ago.
Hi
Have you been told not to collect her?
Clare
Customer: replied 2 years ago.

No but when she stopped me seeing her that weekend I told her I would pick her up but she phoned the school to tell them I'm not to pick her from school because it was not my weekend, Sarah has texted me to say she is going to dicate to me when I can see her and I am to do as I am told and no court order or Judge is going to tell hwe how to bring up her daughter

Expert:  Clare replied 2 years ago.
Hi
So this was the first time and was because of a Party - is that correct?
Clare
Customer: replied 2 years ago.

it wasn't about the party although I could've taken her or picked her, it was because she said I was screaming and shouting at them which was not the case I asked a question about the dress which was I bought for Gabrielle I asked for it back and her partner was being funny with me so I said I would wait until Sarah got out of the shower but he started getting aggressive with me and I told him not to speak to me in this manner and sarah came out and did the same thing when she told me it was in 'Gabrielles bag I said it would've been nice if she had texted me or my son to let us know but she never commuincates with us properly that is why Judge Waine got quite angry with Sarah when she did it the last time she breeched the court order, so when I returned to the flat they were not there so I texted her and she told me once I apologise to Mickie face to face and also Gabrielle was in harms way with me which is not true if it hasn't been for me Gabrielle would've been in care

Expert:  Clare replied 2 years ago.
Hi
So you see the child once a month and you missed last month because of the row- is that correct?
Clare
Customer: replied 2 years ago.

I am suppose to see her every other weekend but because of the exchange of words she stopped me seeing my grand daughter she also called the police a week after the incident and the officer made threats to me and was screaming at me on the phone in front of people who could hear him I had to report the officer and the other officer to their inspector

Expert:  Clare replied 2 years ago.
Hi
Right
So you are meant to have contact on alternate weekends but have not seen her since 11th january - is that correct?
Clare
Customer: replied 2 years ago.

I have seen her since then, but Sarah try's to keep changing the court order and if I don't do as she says then she takes out on my son but I am not afraid of her my son is she trys to control him he is suppose to be doing his own court papers I'm not sure if he will complete going to court he goes half way then he stops Judge Waine was not really interested in what cafass had to say in their report he was more interested in what he wanted and as he doesn't see her enough that is why he is going to court I don't want my grand daughter to live with his ex partner I can't leave her in that position I don't think anyone knows what it feels like when a child bleeds with you not to take her home, she has been writing on the wall and hitting her 1 year old brother she has been rude to Sarah's partner which tells me a whole story she is never rude to me or her daddy and has ever written on the walls

Expert:  Clare replied 2 years ago.
Hi
So when and how has the mother broken the court order apart from the 11th January?
Clare
Customer: replied 2 years ago.

I can see where this is going, thank you for responding, my poor grand daughter is suffering and not one person who can help me or me, or guide me she has broken the court order on numerous times and will continue to do so in her time, and in the meantime my grand daughter will have to suffer

Expert:  Clare replied 2 years ago.
Hi
I am hoping to be able t point you to the way forward - but it takes time to get all the relevant information
In the last three months how often has she breached the order?
Do I understand that your son is already in the middle of a further application
Clare
Customer: replied 2 years ago.

She has tried to but I keep to the court order but the police officer told her she can do what she likes because there are no dates on the order but as I told you and the Inspector the reason Judge Waine didn't put dates on the order. I have no protection I am totally on my own i have to fight to explain myself

Expert:  Clare replied 2 years ago.
Hi
Does the order not say "alternate weekends"?
Clare
Customer: replied 2 years ago.

yes it does I also got my sons name on the order but Sarah refuses to let my son have her over night during the week, she makes it very difficult for everyone concerned. On August 16 Gabrielle was sexually abused by Sarah's cousin, Sarah never told us until 2 days later, she never rang the police until she had told me I told her to ring social services and the police but all they were concerned was what will happen to them if her cousins father found out, it had been investigated but because Gabrielle can't talk properly they couldn't take it any further I even took them over to Northampton hospital to get her checked out he never penetrated Gabrielle said he took her trousers and pants down we know something happened but Sarah was having second thoughts about what had happened I rang the hospital because Gabrielle was having nightmares and urinating not in the bed they told be because Gabrielle is not residing with me they couldn't help me so I gave Sarah the phone number but she has done nothing all I want for my grand daughter is to be happy and have the life she deserves is that too much to ask

Expert:  Clare replied 2 years ago.
Hi
Right
As you know the Police Officers were wrong - so ignore what they said
So you have your granddaughter alternate weekends from Friday to Sunday.
There was an incident in January and again last weekend where contact was disrupted
Is that correct?
When is your son back in court?
Clare
Customer: replied 2 years ago.

Yes of course I know they were wrong but it doesn't protect me they seem to think they can threaten me with a harrassement order but the Sergeant told me they were in the wrong, they tried to intimate me. I don't know when he is back in court and I'm not sure if he will complete his application that is why I have to follow through just in case he doesn't Gabrielle has no one else to speak for her. The last time we went to court I tried to help me Judge Waine wanted all 3 of us to say what we would like he wanted an A4 statement I did mine but Sarah and Mathew never turned up to court I beg him to come to court with me but he felt because of the cafass report it was going to go against him but I told him it wouldn't I have tried to make him aware that he is allowed to have Gabrielle to stay over night during the week her school is across the road from where my son lives but he refuses to listen to me because he is afraid of her because she uses Gabrielle as a weapon he even blames me I have tried to be there as his mother but I have had no appreciation from him I fought for my children when I was going through my divorce I put my children before myself I don't know what else I can do

Expert:  Clare replied 2 years ago.
Hi
You are clearly fighting hard
Am I right in saying that your contact has only been disrupted twice so far this year?
Clare
Customer: replied 2 years ago.

yes but I don't want to keep fighting so my grand daughter can have a happy life and be treated like a wonderful little girl she is, I looked after her when she was 4 months old so the bond is very strong and she can remember who was there for her, I don't want Gabrielle to keep being upset, Sarah has also been trying to turn Gabrielle against me by saying that if she says she is bored at mine and that if she doesn't go she will do something with her but when Sarah didn't do anything with her she wanted to come to Grandmas house

Expert:  Clare replied 2 years ago.
Hi
That is fine
The next time her mother stops contact you can apply to the court to enforce the order
This is done using this form here
http://www.thecustodyminefield.com/CourtForms/c79.pdf
This will show the mother that she has no choice but to abide by the Order.
In future if there are any special items of clothing do not send them home with her - keep them with you.
Also try not to speak to the mother at all if you can help it
It is difficult to suggest what you should do about your son's contact - but you must think carefully about whether or not you should let your contact be damaged by his lack of willingness to take the matter back to court
Do please ask if you need further help
Clare



Customer: replied 2 years ago.

I would still have to ask permission to the Judge for my case to be heard and I need to know how to do that, do I just turn up at court once I get a date

Expert:  Clare replied 2 years ago.
Hi
No you do not need permission to enforce the existing order - you only needed it to make the application in the first place
Clare
Customer: replied 2 years ago.

Oh I was told by Judge Waine that I would need permission, but if you are sure I don't need it then that it is fine

Expert:  Clare replied 2 years ago.
Hi
Just to check - you have an Order in your own name - and you wish to enforce this - not make a further application?\
Clare
Customer: replied 2 years ago.

yes the court order is in my name, and if I did want to make another application

Expert:  Clare replied 2 years ago.
Hi
What further application do you wish to make - other than enforcing the order?
Clare
Customer: replied 2 years ago.

For residence

Expert:  Clare replied 2 years ago.
Hi
You would need permission for that and at this stage you have little likelihood of success based on what you have said.
However if you decide you wish to try any way then you will indeed need the permission of the court and will need to file a Form C2 as well as a C100 - both will be dealt with at the first hearing
Clare
Customer: replied 2 years ago.

HI Clare


 


Why do you think I wouldn't stand a chance of getting residence of my grand daughter seeing as her mother is not looking after her properly and is mentally abusing her, every time Gabrielle goes home she is interrogated by her mother its not right for a little child to be put in that position

Expert:  Clare replied 2 years ago.
Hi
I am sorry - and you are entitled to try - but nothing you have said makes me think that the situation has reached the point where you would be successful
You would have a better chance of building a successful case if you could get your son to complete his application and go with you to the school to discuss any concerns that they may have - the school cannot discuss matters with you
Clare

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