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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex-wife who has residency of my daughter has moved away.

Resolved Question:

My ex-wife who has residency of my daughter has moved away. She did tell me she was going to do this via email, but she has left no contact details. I have a contact order, but due to circumstances I was unable to enforce it when she stopped it 18 months ago. What can I do? I want to reinstate it, just so I can see my little girl once a month.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Where do you live and where has she moved away to?

-How old is your daughter?

-What were the arrangements in the contact order and when was the order made?

Customer: replied 1 year ago.

- I live in Leicester and she lived about 2 miles away, but now she is somewhere in London.

- 8 years old.

- Arrangements were 50% of school holidays, and every other weekend. Order was made in Jan 14. It was honoured by her until Mar 15.

Expert:  Harris replied 1 year ago.

What happened after March 2015 to stop the arrangements?

Customer: replied 1 year ago.

Basically, I got married again, and my ex was not happy, so she decided to stop arrangements. I did try and reason with her, but to no avail. Due to seeing my daughter so upset, I decided to let time pass before going to the motions of court again, as that is painful and expensive.

Expert:  Harris replied 1 year ago.

Thanks for confirming. Despite her move to London, the arrangements would be appropriate to continue even though there is a greater distance to travel. Given that there has been a relocation which could potentially impact your relationship with your daughter and you would have had a right to apply to court to prevent this and for the court to make a decision as to whether it is in your daughter's best interests to move.

In the circumstances I would suggest you write to the mother to agree a recommencement of the arrangements, and if this is not agreed to you, will need to apply to court - either to enforce the original order (using form C79 and a £155 court fee) or to vary the order if you wish (using form C100 and a £255 court fee).

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.

The problem is I dont know where she has moved to, and she has not answered any emails or phone calls. What do I need to do if I want to vary the contact order?

Expert:  Harris replied 1 year ago.

You will need to contact the police/social services to do a check that they are ok and to attempt to find their address. If they cannot assist you will need to apply to court for a whereabouts check

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.

To add to the above.

Whilst the Police will do a safe and well check neither they nor Social Services will give you the address.

What you need to do is complete your applictaion to the Court on a C100 and at the same time complete a C2 and ask for an order that the DWP release her address TO THE COURT for service.

There is no point in trying to enforce the existing order when there has been no contact for over a year - far better to make an application for a new Child Arrangement Order which will show that you are prioritising the needs of the child