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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
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 ex husband has a residence order to keep my son .i had visiting

Customer Question

My ex husband has a residence order to keep my son .i had visiting rights via a court order but now my ex says I am not a suitable mother and that i upset my 10 year old every time I have him. Once a fortnight and that I cannot see him again.i am single on ESA and cannot afford a solicitor apart from the free short consutation.i am told that I can pay £215 for an enforcement order. But my ex can also defy that by false accusations against me and also even if I represent myself and win visiting rights to be continued it would mean months goin through court again because my ex would fight against me .social workers say all I can do is go back to court.i have been fighting to get him back via family courts but the magistrates believed every thing he said for the last 18months .please help I am near ending it all.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
When was the Order made and what contact should you have?
Why are Social Services involved?
Clare
Customer: replied 1 year ago.
Order made nov 2014.allowed to have my son fri 1600 to sun 1600 once a fortnight alternately at my home 100 miles from hi and at my mothers house in his town.also a week at a time during long school holidays but no dates given by magistrate. Social services were involved because my ex took a court order out saying he was in danger, this was because my two daughters were angry with me over an argument about them not looking for a job and made up the danger accusation to hurt me but they are now very sorry and admit they were wrong in telling there father this.i have been to court several times and sent letters from my girls 21 and 23 saying they were wrong saying what they did.At the last hearing my friend lent me the money to hire a barrister for a few hour and he. Told my ex that he would have to agree to my having my son at the stated times.as my son was taken 18 months ago everybody in authority said it would be unfair for him to be removed from his new school and i was told it be best to leave him until he decided to come back to me.Alfie my son seems to have been controlled by his father who hardly ever saw him for the first seven years of his life because my ex went to live with his mother 100 miles away so I brought him up with no financial or interest from hi father.As my ex is a very unreasonable person he will have nothing to do with me because his new partner has told him not to.I know that if had thousands of pounds to employ a barrister and could get my daughters to attend court to verbally tell a magistrate that they were wrong I could maybe start proceedings to get him back but Alfie would be told by. His father that i am a bad person and should not come back to me his mother who brought him up without any help.All the court cases and visits from my ex s social worker who agrees with me but says it would be unfair to remove Alfie from his new town,school and friends has drained me and even if I was given money to carry on fighting I don't have the mental strength to carry on.why should the courts believe his lies just because he can afford a solicitor and I couldn't except on two occasion.they wouldn't even listen to me .so not being able to afford legal representation because I am told legal aid would not be possible for this type of case anymore what can I do.a
Any mother who has loved an nurtured her son most of his life and then had him taken because caffcas and others believed my exs lies would be crying inside and losing her will to live.I have attempted suiced twice as a cry for help.
Expert:  Clare replied 1 year ago.
Hi
You need to make an immediate application to enforce the Order
You can find the form here
http://www.daviessolicitors.co.uk/forms_davies/Children/Application%20for%20enforcement%20of%20Contact%20Order.pdf
and the fee is £95.
Your ex is not allowed to simply ignore what the court has ordered and the fact that he has done so will help if you have to make a residence application in future
Please ask if you need further details
Clare
Customer: replied 1 year ago.
I know about enforcement orders but am told it could take many weeks to activate but I am due to have my son this weekend.when I travel the 100miles to collect him and my ex says I can't see him or he isn't there can I then contact the police and ask them to come to my exs house and show them the court order
Expert:  Clare replied 1 year ago.
Hi
I am afraid that the Police cannot enforce the order in this way - if he does not allow you to see the child then you will have to make an Urgent application
I am sorry - sadly the system is not as streamlines as it should be
Clare
Customer: replied 1 year ago.
I have been told an enforcement order c79 will cost £215 but may be able to claim it back.Is the fee £95 or£215.
Expert:  Clare replied 1 year ago.
Hi
My apologies - you are correct it is £215.
You may be eligible for fee remission - the form is here
http://www.fbu.org.uk/wp-content/uploads/2014/04/HM-Court-and-Tribunal-fees.pdf
Clare

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