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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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 contact order in place which states my sons father

Resolved Question:

I have a contact order in place which states my sons father (who is disabled) has only his sister (my sons aunt) present to provide care for my son and no other third parties present. My son has returned from contact today telling me his half siblings were present and his half sister changed his nappy. He's only 3 and I believe him as he hasn't seen his half sister since before he was 1. This is a complete breech other the order. What am I meant to do to ensure the order is complied with?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Order made and how old are the half siblings?What is your objection to them being there?
Customer: replied 1 year ago.
The order was made March 16. The half siblings are 16 and 18. As his father is disabled he can't provide physical care for my son and wanted to turn up with anyone to look after him. The judge said it needed to be a named person and he picked his sister. The cafcass officer said not the half siblings. The current order states this current contact should be with the aunt alone. Neither of the half siblings have bothered seeing my son since we left when he was 8 months old.
Expert:  Clare replied 1 year ago.
So he has breached the order on what - the second or third occasion?
Customer: replied 1 year ago.
According to my son has met his half siblings last week and this week.
Expert:  Clare replied 1 year ago.
How often does he see his father
Expert:  Clare replied 1 year ago.
I note that there is in fact going to be a final hearing in MayThe fact that there has not yet been a final Order means that you can still involve CAFCASS - so call the Cafcass officer dealing with the case and say what has happened.Contact either your ex or his solicitor and say that unless you have his assurance that the half siblings will NOT be at the next contact then it will have to be suspended.This is a perfectly reasonable statement in view of the CAFCASS report and one which will not be frowned on by the courtPlease ask if you need further details
Customer: replied 1 year ago.
He sees him weekly. He's broken the order by direct contact (which the police are dealing with it as its part of an harassment situation) he's had third parties present and he's allowed his daughter to provide care for my son despite the order saying only the Aunty. I don't feel he will say the trust if asked for reassurance it won't happen again this is 3 breeches of 1 order.
Expert:  Clare replied 1 year ago.
has he got a solicitor?
Customer: replied 1 year ago.
No he's acting for himself
Expert:  Clare replied 1 year ago.
are you represented?
Customer: replied 1 year ago.
Yes I am, but I feel like I'm not being listened to and that the court process seems to be in his favour all the time. When we're at court I feel my barrister helps him even though I'm paying a fortune as he's representing himself
Expert:  Clare replied 1 year ago.
OH I understand that one - it can seem like that.When the other side is representing themselves it does look as if everyone is going out of their way to make things easy for them - and to an extent they are - but only in the way that process works - not the outcome.Whilst I agree with you that he will breech it again (without doubt) you do need to give him a warning and one last chance to prove he hasno respect for the Court and its orders.Ask CAFCASS to give him the warning
Customer: replied 1 year ago.
How do I get Cafcass to give him a warning?
Expert:  Clare replied 1 year ago.
You phone your CAFCASS officer up and simply tell her what your son has said.Tell her/him that you do not know what to do for the bestSay that you do not think your child is safe and ask what you should do.Then ask if maybe he/she could speak to your ex and give a warning - and that maybe then he could haveone last chance......
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