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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34289
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 family court order granting me indirect access to

Resolved Question:

I have a family court order granting me indirect access to my 6 year old son three times a year ( i.e. written contact) via a mediation address. I have been doing this for a year now and my recent letter and birthday present have not been picked up ( I always use signed for tracking postage). She is under no obligation to contact me but has committed to reading all post to my son and giving him presents from me. What can I do if she continues to not receive my post via the third party postal address and it is returned to me?
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.
When was the Order made?
Clare
Customer: replied 2 years ago.

April 2014

Expert:  Clare replied 2 years ago.
Hi
In that case your way forward is to apply to enforce the Order using a Form C79 available here
http://www.daviessolicitors.co.uk/forms_davies/Children/Application%20for%20enforcement%20of%20Contact%20Order.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Should I wait for any period of time before doing so incase the mother of the child defends her action by saying she was on holiday etc? and /or the mediation address third party was away etc which delayed the procedure of getting my letter and birthday present to my son.

Expert:  Clare replied 2 years ago.
Hi
I woudl wait until two sets have not been collected - there can be no excuse for that
Clare
Customer: replied 2 years ago.

When I do that can I enforce a different procedure i.e. the onus of the letter/ present receiving be placed on the recipient to confirm receipt rather than me pursuing it through costly tracking.?

Expert:  Clare replied 2 years ago.
Hi
No I am afraid not
Clare
Customer: replied 2 years ago.

then what form will the enforcement take?

Expert:  Clare replied 2 years ago.
Hi
It will be the threat of either a fine or a Community Service Order of your ex does not collect the letters and parcels
Clare
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