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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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I have a court order to see my 4 children from February 2014.

Customer Question

I have a court order to see my 4 children from February 2014. My ex wife sent my eldest daughter to live with me in April and I had the children much more than the court order stated.
In June my ex wife moved with the 3 younger children and will not disclose her address or the children's school.
She won't allow any contact or the 3 children to visit.
Form c100 is to vary an order but I need to attend a maim!
How can she be found for this?
Can I go for an enforcement order ?? Unsure as the order is to see the 4 children.
My ex wife had a residency order for all four children.
I need these sibling to be in regular contact and know a court would support this.
How do I find her and get her to court... Which application should I fill in and file.
Thank you
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.
Do you have any idea where they are?
Have you asked the schools where the records were sent to?
Clare
Customer: replied 2 years ago.
I believe they are still in the Cambridge area.. They left waterbeach primary school(cambs) in July.
When I spoke to the head she told me she did not think she could disclose the information to me but would check.
I never heard from her again.
Expert:  Clare replied 2 years ago.
Hi
You have Parental Responsibility for the children and in fact the Head Teacher HAS to disclose the information to you
If you have immediate concerns about the safety of the children then you can ask the Police to do a "safe and well check"
The police will not tell you where they are - but they will confirm that they are safe and well
An enquiry agent should be able to trace them for about £100 or so.
So far as Court action is concerned you can apply to enforce the existing contact order in respect of the younger children - and to vary the Order to reflect the fact that the eldest child lives with you
You need a C70 and a C100.
If you have not used an enquiry agent to trace her then you will need to ask the Court to Order the DWP to release the address to the Court for service
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 2 years ago.
Very helpful thank you.
Will a court accept a c100 with the c70 without the MIAM ?
The headteacher I called said she woukd not accept she has to disclose the new school so iv e mailed head of Cambridge education to try and enforce this... A trace with an enquirer agent is 140 plus vat so will probably do that if I can't get the head to disclose to me.
Sure I will want to ask more in future and have been very satisfied wit the answer - will I be able to get you again?
Many thanks - lee flint
Expert:  Clare replied 2 years ago.
Hi
My apologies - that is a C79 not a C70 (typo) and yes you can say that you do dnot know wher she is so a MIAM is not required.
Please feel free to ask for me in future
Clare

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