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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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my son has regained his children from his e-wife due to unreasonable

Resolved Question:

my son has regained his children from his e-wife due to unreasonable coersion to stop his children wanting to see him . his ex-wife is breaking the court order imposed by the judge . He is now £50,000 in debt to his solicitor and cannot afford any more expence and his ex is continuing to break the order by interrupting their after school activities and trying to persuede them to come back to her and they are getting very upset and are unable to settle .He now has to pay again and again and again to stop this !! why should he ? if she is breaking the court order , why , isnt she arrested and fined or something!! because if it had been the other way round , my son would have been arrested as this happened before he got his children returned to him . He cannot afford another penny !! why cant he get legal aid to fight her off !!?
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 are the children and when did they move to his care?
Clare
Customer: replied 3 years ago.

His Boy is 11yrs and his girl is 7yrs . The court returned his children to him on 04/02/2014

Expert:  Clare replied 3 years ago.
Hi
What does the Order say about her contacting the children?
Clare
Customer: replied 3 years ago.

she has only contact on a Sunday 9am-5pm . The judge ordered that she must not make any contact with the children apart from her Sunday contact time as he felt the children needed time to settle . She has persistantly interupted the children activities and upset them both . My son has assured his children that they must see their mum, but if she continues to upset them she may jeopodise their time with her . The more she continues with this behavior the longer it will take for her to get staying contact . the childrens wellbeing is paramount and my son knows that they should have regular contact but the judge ordered that it must take at least three months for this to happen

Expert:  Clare replied 3 years ago.
Hi
Are CAFCASS still involved?
Do s his ex have a solicitor
Clare
Customer: replied 3 years ago.

No , CAFCASS have closed their case . I believe her solicitor does not act for her anymore , however , I believe her solicitor, has passed on a letter, sent to her solicitor by my sons solicitor, to advise my sons ex to back away from the after school activities , but she is still " turning up " and messing with the childrens heads !! which is why my son has to go back to court to enforce the court order at his expence , which he can no longer add to the already mounting costs

Expert:  Clare replied 3 years ago.
Hi
Sadly enforcing family orders is not something that the Police do
Looking at the Order is there a specific Prohibited Steps Order regarding her approaching the children?
Clare
Customer: replied 3 years ago.

No, it doesnt .

Expert:  Clare replied 3 years ago.
Hi
I can only begin to imagine how frustrating the position must be
I am not sure if Social Services have already been involved at all - if so they should be contacted
If not your son has two options - possibly three.
The first is to apply to enforce the Order using a form C79 available here
http://www.thecustodyminefield.com/CourtForms/c79.pdf
and the fee is £95.
Another option is to apply within the existing proceedings for a Prohibited Steps Order to prevent her from contacting the children
This could be done using a Form C2
http://www.childrenneedfamilies.co.uk/court-forms/c2_01_05.pdf
and again the fee is £95
Finally he could apply for a Non Molestation Order to protect the children
I KNOW that this is a real burden - but sadly there is no other way around this
Please ask if you need further details
Clare
Customer: replied 3 years ago.

T hank you for the advice .......... however , British Law is ridiculous and Unfair !! His ex got all her court and solicitors fees paid for by the legal aid service and she is too lazy to work, and my son gets Nothing from the service as he works , and works very hard to support his children . The only saving grace is that his children are safe and cared for within a loving , caring, family and extended family . It will probably take him until the children are adults to pay his legal fees ....... so sad ..... . I wonder how many fathers have to give up on their children, because of the legal system in this country . Where do we start to change the law to give help to genuine Men to keep their children safe from an unsafe mother

Expert:  Clare replied 3 years ago.
Hi
Like you I can dream of a fairer system - and at least in the future she will not get Legal Aid
Clare
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