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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 am asking on behalf of a friend. My friend separated from

Resolved Question:

I am asking on behalf of a friend.
My friend separated from his wife a year ago. Initially an order was made that he could see his 2boys for two hrs , unsupervised, every other Saturday. Then his wife would ring him and ask him to have them for longer. She then asked him to have them overnight as she has a new boyfriend she wanted to go and stay with. Until about 5 weeks ago he had the boys all day Sunday. She then told him he cannot see the boys at all, no reason given. My friend cannot afford a solicitor, and apparently is not entitled to legal aid although his wife is . what can he do to see his boys again
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.
For clarity - is there actually a court order in existence?
Clare
Customer: replied 3 years ago.

Hi Clare,

My friend, Jaimon and his wife Lisa had an informal meeting with a Judge present. Lisa had her solicitor with her, Jaimon had no legal representation. It was agreed that Jaimon would see the boys on alternate Saturdays. This agreement was on official court papers and signed by the judge.

It also states that Jaimon and Lisa are not to contact each other except when they 'exchange' the boys. Shortly after this agreement was reached, Lisa started phoning Jaimon asking him to have the boys for longer.

Expert:  Clare replied 3 years ago.
Hi
What is the date on the order?
Clare
Customer: replied 3 years ago.

17th September 2013

Expert:  Clare replied 3 years ago.
Hi
Your friend has two options
He can apply to enforce the existing order using a form C79
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
paying the fee of £95
Alternatively he can apply for a new Order using a Form C100
http://www.jordanpublishing.co.uk/system/uploads/attachments/0006/9047/C100.pdf
paying the fee of £215 and asking for an Order that reflects the Contact that he has actually been having
To do that he would need to try Family mediation first - if his ex refuses that is fine - so long as he has tried
I hope that this is of assistance
Please ask if you need further details
Clare
Customer: replied 3 years ago.

As there is already an order in place why is his wife allowed to ignore it , is she not breaking the law by doing this? .My friend has no money to apply for new orders.

Expert:  Clare replied 3 years ago.
Hi
She is not allowed to ignore it - but this is not criminal law so it is up to your friend to enforce the Order.
The only cost if he does it himself is the Court fee and in fact if he has a low income he may be eligible for a reduction
Clare
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