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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Can i stop my kids going to their dads if he has broken a court

Resolved Question:

Can i stop my kids going to their dads if he has broken a court agreement
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer:

How old are your kids?
What was the court agreement?
How long ago was it?
What did their dad do in breach of the agreement?
Are social services involved?
Customer: replied 3 years ago.

They are aged 10 &7 thats his friend i know will pick and drop the kids off which he dont and im meant to know were he lives and were his taking my kids and i dont it was about 5years ago he took me to court and yes he has phoned them on me and my partner for the second time and that he his meant to spend time with the kids but a few times they have came back saying that they either been at his friends with out or his new girlfriend has them

Expert:  UKfamsol replied 3 years ago.
Hello again and thanks for the information.

I have some information for you - and I'll be back in touch again tomorrow. Please bear with me.
Customer: replied 3 years ago.

Hi how can i rate you when you have not gave me an answer

Customer: replied 3 years ago.

Saying they get back to me with an answer and havent got one so wasted 11pound on nothing

Customer: replied 3 years ago.

In your last answer you said you got information and would get back to me and still no answer

Expert:  UKfamsol replied 3 years ago.

Hello again – I'm very sorry for the delay in getting back to you.

You don't actually say how often the court order states that the kids are to go to their dad's.

But you are right - the purpose of a contact order is so that the dad has time with his kids, not so that the kids are left with anyone else.

However, to stop the kids going to their dad's altogether is too drastic a step to take.

Write out a list in two columns for say the last 6 months:

In column 1, write the days and times when their dad should have had the kids.

In column 2, write those dates when he either cancelled or left the kids with someone else.

If the court order says he's to have the kids for the weekend once a fortnight, but when you look at your list, he's actually only had the kids with him on average once per month, then you could write to him to point this out, and say that in future, you'll only be sending the kids to him once per month from (date), unless he starts having gthe kids eactly as the court ordered. In theory, he could then take YOU back to court as you yourself would be in breach of the court order – but as long as you keep a careful diary from now on, and a record of what has happened over the last 6 months or a year, the court will be sympathetic to why you have reduced his contact time with the kids.

The proper way to do this is for you now to make an application to court to vary (ie to change) the original order. You'd need form C100 to do this, which is here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf

with guidance here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf

Unfortunately there is no longer any legal aid for this type of court application. The court fee is £215.

As going to court is stressful, time-consuming and expensive, if you and your kid's dad ex-partner can reach agreement, that is preferable. A contact order can be varied by agreement between the parties without going back to court – but that means by AGREEMENT of BOTH parties.

You can negotiate either between yourselves – eg “you need to start having the kids with you as per the court order, or let's agree to reduce the contact to once per month” or via solicitors' correspondence, or via mediation.

The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a family mediation service close to you:

http://www.familymediationcouncil.org.uk/find-local-mediator/

I think you would also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor near to you:

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.

Thanks and best wishes....

Expert:  UKfamsol replied 3 years ago.
Hello again

I see that you have looked at my answer but not accepted it.

Is there anything in your question you feel I have not answered?

Or anything in my answer that you'd like me to clarify.

Please let me know, and I'll do my best.

Thanks....
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