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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32826
Experience:  Over twenty-five years experience
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Shared Residence/Contact broken by ex

Customer Question

Help please! We have a Shared Residence Order for my daughter who is 8 years old. We have a set pattern of contact. My ex wife took my daughter from school 5 weeks ago when it was my contact and we have not seen my daughter since. I was supposed to collect her on Monday but she refused to come and told me that her mum, grandparents etc had told her she didn't need to. I was again supposed to have contact with her today and her mum was supposed to drop her off at my house at 4pm. I have rang her but my ex got my daughter to phone me back and say "I don't want to come" and hung up the phone. What can I do? There have been a lot of issues and my ex does not agree with the contact or shared residence. The reasons my daughters gives for not wanting to come is that she gets told off here. I am at a loss and my relationship with my daughter is getting more and more ruined. I have applied to the court for an enforcement order but they sent the paperwork back stating that I needed to do something different as it is a Shared Residence Order and not a contact order. I rang them and they then said I could just send in a covering letter to state that it is the contact portion of the order that I want to enforce.I have done this and I am awaiting on a response from them. What can I do in the meantime to get contact with my daughter? Thanks

Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
Have the court listed a hearing?
Customer: replied 1 year ago.

No, we have not heard anything back from them yet. Also they do not know about this latest prevention of contact.

Expert:  Thomas Judge replied 1 year ago.
I would be minded to make an ex parti application to the court for a recovery order - your ex is in breach of the court order and should have returned the child to you - the purpose of a recovery order would be to give her a very short time to return the child and if she failed to do so then the police would collect the child for you. You should not be waiting for a court date - this needs to be dealt with on Monday or Tuesday.Please rate positively.
Customer: replied 1 year ago.

Hi, what is the form number please? Thanks

Customer: replied 1 year ago.
Relist: Other.
i would like to know which form number I need to fill in for the recovery of my child from my ex partner please.
Expert:  Thomas Judge replied 1 year ago.
You can use the form C100 but ask for it to be dealt with on an ex parti basis

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