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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 partner text me yesterday and said that I could not pick

Resolved Question:

my ex partner text me yesterday and said that I could not pick my daughter up from him we have shared care he had threatened my mum 2 days previously when she picked my daughter up from him.
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.
How old is your daughter and what is the actual pattern of contact?
Are there any court orders currently in place?
Clare
Customer: replied 2 years ago.

Does each question and answer cost £26.

My daughter is 3 years old shared care order I have my daughter Wednesday at 6.oopm until Sunday at 6.oopm one week and then Wednesday 6.00pm to Saturday 10.00am next week court order shared care from November 2013.

When my mum picked my daughter up on Wednesday (I was at work, he does not work) my ex was was verbally aggressive and threating this was regarding that my daughter should be returned to him on the Thursday as it was his birthday on the Friday this arranged when in court for either side for my daughter to be with hem from 6.00pm evening before until3.00pm next day when I said that I would pick her back up at 3 the next day, he no it is 6.00pm, I did not argue with him as my daughter was present and thought its not worth making a big deal of this as it would make things awkward, he texted me at 5.30 to say that he was retaining care of my daughter as my mum and dad had said inappropriate things to my daughter which is not true ha said not to come to his house and knock at the door,and at times he can be aggressively verbal

Normally we text each other regarding birthdays. He could of easily done this after my mum had picked my daughter up but he obviously choose to be confrontational about it with my mum.

I text him yesterday morning and asked how she was he, he text back yes fine. I texted again this moring and asked how she was he texted happy.

Expert:  Clare replied 2 years ago.
Hi
is this the first time he has done this?
is he saying he will not return her at all?
Clare
PS - no all covered by the payment agreed
Customer: replied 2 years ago.

no he did this once before whilst we where going through the courts for residency and eventually after 14 months it was determined shared care, I had to pay for legal representation then which cost thousands of pounds could not get legal aid as at that time had my own house since lost it. He got legal aid as he did not work.

Yes he said that he would not return her at all, he said he is retaining full care of her and not to come to the house for her.

Expert:  Clare replied 2 years ago.
Hi
Ok
You need to make an application to the court tomorrow morning to enforce the Order so that she returns to your care on Wednesday
This is done using a Form C79 available here
http://simon-walland-family-law.co.uk/wp-content/uploads/2013/08/C79.pdf
The fee is £245 unless you are eligible for Fee remission.
You should also ask for permission to "abridge service" and an urgent hearing.
He will not get legal aid this time.
I hope that this is of assistance - please ask if you need further details
Clare
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