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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex partner has custody of my 3 sons aged 13, 10 & 7 and

Customer Question

My ex partner has custody of my 3 sons aged 13, 10 & 7 and has made an order in my absence stating that I must only have my children within my parents home, I live in warwickshire. On the order it states I am entitled to have my children for half the holidays, but with the boys grandmother or grandfather, however he is refusing to allow me to see them for longer than a couple of days. He has just been away for 2 weeks he is breaking the order what do I do?
Submitted: 7 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 7 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear about the difficulties that you are experiencing with the father of your children.

Please may I ask: -

- when was the court order made?

- was you involved in those proceedings?

- what were the concerns that led to supervised only contact?

kind Regards

Caroline

Customer: replied 7 months ago.
Hi there,
Thank you for your quick response.
The order I believe was made about a month ago, I was not notified for involved in the proceedings.
The concerns that led my partner to review the order was because I live in warwickshire and my sons father lives in Bedfordshire and he was sometimes asked to pick up the boys and did not like to do this. I had an argument with my boyfriend and the police were called, and my ex claims the police advised him not to let the children stay at my home.
Expert:  ukfamilysolicitor replied 7 months ago.

Hello

Thank you for your response - is the order that you have a final order? or is there another court hearing listed?

kind regards

Caroline

Customer: replied 7 months ago.
the final order I believe
Expert:  ukfamilysolicitor replied 7 months ago.

was there only one hearing?

can you attach the order using the paperclip symbol?

Customer: replied 7 months ago.
I have not had a copy I want to phone the court to reopen this case, so that I can be present to make the order suit my needs as well as his. It states though I am entitled to have the boys every other weekend and half the holidays however he is refusing my rights to spend half the holidays together what do I do?Many thanksLaura
Expert:  ukfamilysolicitor replied 7 months ago.

Hello Laura

I am surprised that the court would finalise the proceedings on the basis of a hearing to which you have not been invited.

I would ask the court to send you a copy of the order asap.

Children cases have to be referred to a Children and Families Officer (Cafcass). I am therefore surprised that the proceedings would finalise without this happening.

If the proceedings are on-going - you will have a right to put your side to the story.

In any event if the proceedings have ended - then you can still apply back to court to enforce the order that you have in your favour. You can also apply for a variation of that order so that the court can consider unsupervised contact and if this can happen.

If the case has ended you would need to refer to mediation first before you can apply back to court. If mediation doesn't work - the mediator will sign the form that you need to apply back to court. It is the C100 form.

Let me know if I can help you further.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 7 months ago.
Thank you so much,
who do I ask for meditation from?
Expert:  ukfamilysolicitor replied 7 months ago.

Hello Laura

You need to ask a mediator - close to where the boys are living now. If you just google family mediation in that area and give them a call to get the ball rolling.

Kind regards

Caroline

Expert:  ukfamilysolicitor replied 7 months ago.

Hello

This question remains unrated. If you could kindly star rate our service then we will receive credit for helping you - otherwise we don't and the site keeps your fee. Please note that your question remains open when you star rate our service and I am able to answer your follow up questions for free.

Kind Regards

Caroline

ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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