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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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, we have a court order in place where my ex sees his

Resolved Question:

hi,

we have a court order in place where my ex sees his 2 daughters aged 4 and 22 months every Saturday 12-4 supervised by his sister or brother in law. the pick up is from my house the court order was in effect from 12th march 2014 prior to that my ex has hardly been around as has been in prison for driving offences and abroad. he wasn't complying to the court order as his sister and brother in law would not be around and he would push me in to going to his car sales shop and showing him the children. I recently told him that I am in a new relationship and also told him that the youmger daughter is not his and is my new partners but due to his history of abuse and harassment I was scared to tell him. he is not on her birth certificate as he was in prison he went mad and threatened to kill me and sent me threatening messages.i reported him to the police and a oneoff pick up was done from the police station.
this happened on may 17 and since then I have had no contact with him but through my solicitor I have moved the contact at the contact centre. he wants nothing to do with the younger cild as he has confirmed that with my solicitor but he sees his daughter at the contact centre max for 2 hours. I just want to know can I just leave it as it is as don't want to go court as private funded don't get legal aid and also ref above he has breached the order not me, even though he threatened me I have still accommodated contact so if he went court claiming I am in the wrong and breaching order would I be sent to prison???
his visits are supervised as he failed to do a drug and alcohol test and also his caff cass police report has a lot on him.
he has been In prison for obstructing a police officer, drugs and driving offences and forgery.
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.
Has he threatened you with enforcement proceedings?
Clare
Customer: replied 3 years ago.

no,


 


my solicitor recived a letter from his solicitor asking f I was going to vary the order in court and my solicitor just sent a letter saying I am waiting to gather funds as I don't have the funds to go court but in the meantime he can submit the application.


we have not heard from his solicitor

Expert:  Clare replied 3 years ago.
Hi
Then you have an excellent solicitor as that is the best way forward.
To date your ex has not adhered to the order as they visits he has were not supervised - which makes enforcement against you a little difficult for him!
There is no great need to apply to vary the order unless your ex applied to enforce it
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

what does enforcement proceedings mean???

Expert:  Clare replied 3 years ago.
Hi
That would be if your ex applies to the Court to force you to abide by the original order
Clare

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