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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2811
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have 3 kids who are living with my ex partner and he has

Customer Question

I have 3 kids who are living with my ex partner and he has stopped my contact with them and has then moved home so I can't contact him. he has broken the contact order that was put in place in may 2011.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Are you able to attach the contact order using the paperclip icon please?

Customer: replied 1 year ago.
unfortunately not no as it is a paper copy and I was never sent a copy from the court myself. but I have seen and read my parents copy. I was granted 1 day every 4 weeks contact out in the community supported by m parents and my parents were then granted 1 day every 2 weeks contact due to the fact that they had my eldest son living with them under a special guardianship order. it specified that my parents were to supervise my contact.
Expert:  Harris replied 1 year ago.

Thanks for confirming.

-Why has he stopped the contact?

-Why has your ex moved?

-From which area to which area has he moved?

Customer: replied 1 year ago.
I don't know why or where he as moved to. My parents went to his old address last November and was told by the woman now living there that she had been there for a month. they then didn't tell me till about a month ago that his had happened.
he stopped my contact day at the end of September 2015 because he was sent a payment statement from the CSA that was showing that I owed him £250 in maintenance. this debt had come about because the CSA had not asked the benefits to take it off my benefits at £5 per week for a period of 4 months and then a further period of sum months over the whole of the 3 year statement period. he black-mailed me saying that until I had paid the hole sum I was not going to see the kids.
I managed to get him to except £50 per month as long as I paid it in cash handed to him after my contact and so my contact went ahead 2 weeks late on the 13th October 2015.
the kids arrived very angry with me and my parents accusing us of forgetting the twins birthday. (25th September)
my eldest daughter was very rude and angry with me and accused me of not caring about them now that I have other kids to love. (my then fiancée's 2 boys.)
I calmly set the record straight with her away from the twins and as soon as she got home she told her dad what I had said and he stopped the contact that evening.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Despite the issues you have raised, and the breach of the court order, you must return the matter to court to enforce the order and to locate them. You can do this using form C1 (for a location order) and a C79 form to enforce the contact order. There is a £155 court fee for each application.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
Ok I can download these forms from the courts website but would you be able to help me fill them in if I get stuck on a section?
and how do I get around the new mediation stipulation that has been put in place on any court application now?
Expert:  Harris replied 1 year ago.

Feel free to come back here and ask about any issues in filling in the forms.

As you are entitled to apply to locate them and enforcement of the order there is no mediation requirement.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
I will need to change the contact order as I am no longer in touch with my parents and my oldest son now lives with me and not my parents. my parents wont be acting as a collection service or go between anymore as they are fed up and too old to put up with the abuse from my ex partner. what court form do I need to apply to alter the contact order? is the process the same?
Expert:  Harris replied 1 year ago.

Thanks for confirming - you can apply to vary the order using form C100 and a £215 court fee. You will need to attend a MIAM (initial mediation information session) yourself, unless you can satisfy any of the exemptions in the C100. The process for this will involve court hearings to attempt to reach an agreement/settlement to vary the arrangements.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.