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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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 husband has a 2 and a half year old son who lives

Resolved Question:

Hello.
My husband has a 2 and a half year old son who lives with his mother. After being back and forth to court to get contact with his son he has been granted parental responsibility and the court ordered last August for contact to take place every Saturday or Sunday for 4 hours and from January this increases to 6 hours. Then when his son is 3 it increases to overnight stays. We live 2 hours away from him. But yesterday we received a lawyers letter saying that she is suspending all contact as she wants to supervise all contact.
In order to force her to comply with the contact order do we have to apply for an enforcement order or will the judge be able to prevent her from continuing this behaviour when we next to to court.
Many thanks.
CE
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.
What excuse has she given for this request?
Clare
Customer: replied 2 years ago.
Hi,
There was no excuse in the letter. The letter said that she will set it out shortly. She has previously gone out of her way to prove that my husband is "nuts" and unfit to look after his son during contact because when his son was a baby and made baby sounds he spoke to his son saying "what did you say" just communicating with his baby. She is convinced he was hearing voices.
She actually requested via the court that he undergo a psychiatric evaluation. All his medical records were evaluated in court and CAFCASS told the judge that she should go for a evaluation as well. The psychiatrist (who was chosen by her) found no reason why he could not have sole contact with his son. But he did say she needs psychological therapy as she has a negative view of him which she will impose on their son and to help with her need to control.
They knew each other 6 weeks when she was pregnant. She was looking into adoption and fostering when he met her. He had to take her to court to see his son. The court ordered that contact increase to 6 hours from January but she wanted him to meet with her and her lawyer to review him before increasing the contact time. He started a new job this week and is unable to take time off so early in a new job and she also requested a copy of his employment contract. We have informed the CSA immediately of his change in jobs and they have implemented changes accordingly.
She is also upset because he asked whether she has started with potty training and at our last contact with his son he asked him whether he needed the toilet. She wrote an email saying he will potty train at home in his own time and we need to stop pressuring the boy. We asked him once during play, there was no pressure at all.
I look forward to hearing from you.
C
Expert:  Clare replied 2 years ago.
Hi
Thank you for that
Your husband will need to make an immediate application to the court to enforce the Order.
This is dine using a form C79 available here
http://www.daviessolicitors.co.uk/forms_davies/Children/Application%20for%20enforcement%20of%20Contact%20Order.pdf
Do not delay until the next hearing - it will just get worse!
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you for confirming. Forms are ready to be sent.
Thanks for your help.
Chantell
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Just one more thing - we have notified her solicitor that we will be applying for an Enforcement order and sent our application plus extra copies of this to the court for the respondent.

The respondent's solicitor has asked for copies, are we obligated to provide these at this point?

Thanks

Chantell

Expert:  Clare replied 2 years ago.
Hi
No obligation - if you can easily do it then do it - if not then don't!
Clare
Customer: replied 2 years ago.

Perfect.


 


Thank you.