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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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Ex breaching order. has done so in past and have gone to

Resolved Question:

ex breaching order. has done so in past and have gone to court to get her to comply. was put on warning on last order but is breaching again. cannot afford to keep going to court. she gets free aid I have to pay. Is there nothing I can do?

Our daughter starts school in the autumn and I am supposed to be taking her on her first day as she is with me for the last period of the holidays but I dont even know what school she has been enrolled in. My Ex will not communicate in any way with me though she has been ordered by the court to use a communication each week on collection/return of our daughter. For the last 12 weeks she has not used the book and I have to write on sheets of paper though I have got scanned copies of all my sheets and scanned copies of every page in the communication book until she ceased using it as the school holidays draw near.

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 last Enforcement applictaion?
What is the current pattern of contact?
Clare
Customer: replied 1 year ago.

Apologies for delay in responding. Was at work

Last court order was on 6th August 2014

See below for the actual order:

THE COURT ORDERS:

  1. CHILD ARRANGEMENTS

• That the arrangements for the child shall be as set out in the schedule to this order as follows.

A contact warning notice will be endorsed that the mother shall make the child available to spend time with the father as set out in the schedule to this order.

  1. COSTS

No order as to costs save

Funded services assessment of the costs of the Applicant mother Redress: for sending documents/communication:

Final Order - Child Arrangements Programme SCHEDULE OF CONTACT

RECITALS:

  1. Except in emergencies Abigail shall access health care through her G.P. practice. In the event of an emergency both parties shall communicate with the other parent in respect of it.
  2. Both parents shall continue to use the communication book to make reasonable entries and the mother may get assistance from a 3rd party to make such entries.
  3. The father shall be responsible for the collection and return of Abigail to and from contact assisted by the paternal grandmother where necessary.
  4. For the avoidance of doubt contact shall be divided into School Term Time contact and School Holiday contact (whether or not Abigail has started school). At the start of school holiday contact, or the commencement of notional school holiday contact (using generic dates for Leicestershire County Council) the school term time contact shall be suspended and replaced by school holiday contact.
  5. For the avoidance of doubt the parent who does not have Abigail with him or her on during Week 5-6 of the summer holiday shall have the first long weekend school recommences; in 2014 the Father shall have Abigail for week 2 contact on the first available weekend in school term time . For the avoidance of doubt the Mother will have Abigail for the first weekend after the summer holiday in 2015.
  6. At all other times when the division of time moves from school term time to school holidays the resumption of Week 1 and Week 2 contact shall be calculated as though the holiday contact had not occurred

ORDER:

CONTACT ARRANGEMENTS UNTIL ABIGAIL STARTS SCHOOL IN AUGUST/SEPTEMBER 2015.

SCHOOL TERM TIME

  1. The applicant mother shall make the child available for contact with the respondent father XXXXXXXX XXXXXXXXXX as follows

(a) Week 1 Friday from 10.00 a.m. until Saturday at 6.00 pm.

(b) Week 2 Friday 9.00 a.m. until Sunday 6.00 p.m.

CONTACT ARRANGEMENT ON AND AFTER ABIGAIL STARTS SCHOOL IN AUGUST/SEPTEMBER 2015.

  1. The applicant mother shall make the child available for contact with the respondent father as follows:

(a) Week 1 Monday collection at the end of the school day until the

following Tuesday morning when Abigail shall be returned at the start of the school day.

 

Final Order - Child Arrangements Programme

(b) Week 2 Friday collection at the end of the school day until the following Monday when Abigail shall be returned at the start of the school day.

SCHOOL HOLIDAYS.

  1. The applicant mother shall make the child Abigail available for school holiday contact as follows:

(i) HALF TERM

From Friday until Wednesday at noon OR from Wednesday at noon until Sunday at 6.00 p.m. The additional days on holiday contact shall attach themselves to the Week 2 (long weekend of contact as though it was not suspended).

(ii) EASTER

Period 1 From the day school breaks up commencing at 4.00 p.m. until the 2nd Saturday at 10.00 a.m.

Period 2 Alternating the following year to run from the 2nd Saturday in the Easter holiday from 10.00 a.m. returning to school on Monday.

In 2015 Period 1 shall be spent with father and Period 2 shall be spent with mother; this shall then alternate each year.

(iii) SUMMER

The first 6 weeks of the summer holidays are for be divided as to Week 1 (one week)

Week 2 (one week)

Week 3 & 4 (a consecutive 2 week period)

Week 5 & 6 (a consecutive 2 week period)

The week shall run from Friday to Friday in 2014 - 2015 the start time on Friday shall be 9.00 a.m., after Abigail starts school in 2015 the start time shall by Friday at 4.00 p.m.

The weeks shall alternate from year to year.

In 2014 the Father shall have week 1, Week 3-4 In 2014 the mother shall have week 2 and week 5-6

In 2015 the father shall have week 2, then 5-6.

In 2015 the mother shall have week 1 and week 3-4

In respect of any extra days after the end of week 6 (Friday until school commences or the notional start day) they shall be added to Week 5-6.

(iv) CHRISTMAS

The period shall alternate each year

Final Order - Child Arrangements Programme Period 1 From School breaking up until 2.30 p.m. on Christmas Day and then New Years Day at 2.30 p.m. until Abigail returns to school.

Period 2 From 2.30 p.m. on Christmas Day until 2.30 p.m. on New Years’ Day at 2.30 p.m.

Period 1 shall be with mother in 2014 and with father in 2015.

Period 2 shall be with father in 2014 and with mother in 2015

(v) Mother’s Day/ Father’s Day.

Sunday 9.00 a.m. to 6.00 p.m. this shall be spent with the relevant parent irrespective of where it falls in the Week 1 or Week 2 contact provided for above.

ILLNESS/MISSED CONTACT:

4.

In the event of any missed contact the applicant mother shall provide to the father medical evidence where possible to explain the missing of contact. In the event than only part of the contact is missed there shall be no additional contact.

However in the event the whole of any contact period is missed an extra night of contact shall be added to the next scheduled contact irrespective of whether this falls on a weekend or mid-week.

Expert:  Clare replied 1 year ago.
Hi
Have you contacted any local schools to see if your daughter is enrolled?
Clare
Customer: replied 1 year ago.

Believe I have found the school school she is going to but they will not talk with me as they don't know who I am. Time is running out and really need to know for certain so I can buy uniform, books, bags etc.

Should I go to the school I think she has been enrolled in and take court order with me? And my Daughter? Where do I stand regards ***** ***** her continually breaching court order with apparent impunity. Is there really nothing to do. Courts are expensive and she knows I haven't got money to use them all the time. have borrowed from family and friends to get this far but it seems the courts are really useless if she can simply ignore their orders and all I can do is go back to them (more money borrowed ) just so she can ignore them a few months done the line.

Customer: replied 1 year ago.
Relist: Answer came too late.
opted for fast response but still waiting 2 days later
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
I am afraid that your only option is to go to court to enforce the order - there is simply no alternative.
This need not cost you a great deal as you can make the application your self - no need to pay lawyers
Her breach in this case is flagrant and unforgivable - you need to know which school your child is going to - since it seems clear that the school term will start during the last week that she is with you
Your ex will no longer get Legal Aid
If she continues to flout the order then there is a real risk of the child moving to spend more time with you than with mum
Please ask if you need further details
Clare
Customer: replied 1 year ago.

How do you know that she will no longer get legal aid? She has been getting it since our divorce 2.5 years ago. What would I need to do to bring her to court myself. How would I go about it?

Expert:  Clare replied 1 year ago.
Hi
Legal Aid is no longer as freely available as it was two and a half years ago.
You need to complete a Form C79 available here
http://www.daviessolicitors.co.uk/forms_davies/Children/Application%20for%20enforcement%20of%20Contact%20Order.pdf
You may also wish to consider making an emergency application for a Specific Issue Issue Order regarding the the School issue since you will wish to visit the school before the end of Term
That is done on a C100 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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