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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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 was supposed to meet in court yesterday with my ex about

Customer Question

I was supposed to meet in court yesterday with my ex about my daughter, he didn't turn up. This is the second time he has done this even though he requested this specific date. I was still told to go into court and as he had emailed his side of things a court order was still put in place, I feel I was ignored about what I had to say and they read his email and made their minds up. My ex was extremely violent and lives in Spain but still gets a better understanding of his thoughts in court then mine, even when he doesn't turn up.
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What Order was made?

Customer: replied 6 months ago.
I don't know as we went into court and it was said he has to send letters etc every two weeks and I have to send a photo of her every month
Customer: replied 6 months ago.
Sorry for taking so long to reply before my internet cut out
Customer: replied 6 months ago.
Am I still on chat to someone?
Customer: replied 6 months ago.
Customer: replied 6 months ago.
Hello???
Customer: replied 6 months ago.
Am I still on chat with you??
Customer: replied 6 months ago.
It's been nearly an hour since your last reply if I'm not on chat to you can you put me on with someone else?
Expert:  Clare replied 6 months ago.

My apologies for the delay - connection problems

Is there going to be a further hearing or was this the final one?

Customer: replied 6 months ago.
This was a hearing he requested but they have said there won't be another unless he requests it
Customer: replied 6 months ago.
I just don't understand how an order can be put in place where I have to send him things when he hasn't one turned up to court at all and two kept up with his previous court order
Customer: replied 6 months ago.
I thought both parties have to be present or at least representation of the parties ie solicitors for there to be an order put in place?
Customer: replied 6 months ago.
Not to be rude but is it going to take another 5 hours for a reply?
Expert:  Clare replied 6 months ago.

Right so he made an applictaion for a Child Arrangement Order

he did not physically attend either the first hearing or the final one is that correct?

How old is the child?

Customer: replied 6 months ago.
Yea the last one a month ago he said he wanted the date changing to this week as he had other commitments to which they did this and again he didn't turn up, just sent an email both times. My girl is 4
Customer: replied 6 months ago.
Can you please pass me over to some one who is available as iv been chatting to you since 11am and got no where
Expert:  Clare replied 6 months ago.

The Court does have the power to make an Order in the absence of the Other party if there is a reason for his or her absence and the Court considers it right to do so.

I understand your frustration that even in his absence he was "listened to" but the Order that has been made relates to minimal contact which is why the Court were prepared to make it despite his non appearance.

The law says that children are entitled to contact with both parents - and this represents a way of achieving this whilst keeping you and your child safe

He will have considerable difficulty in getting any more contact in the foreseeable future (on average the next 12 months) given his failure to attend on this occasion - unless of course he can prove that it was impossible for him to attend

I appreciate that this is not what you wish to hear (and I apologise for the connection problems) - but there is nothing you can do about the Order.

If you decided to appeal it ( a possibility) there is always the chance that he might attend the hearing and get more contact than the minimal Order that was made.

As it is it is unlikely that he will keep up with the letters for more than a month or two - just make sure that you keep them all - and send the snaps via recorded delivery/email

Please ask if you need further details

Customer: replied 6 months ago.
In court I was handed a copy of what he had emailed in, in this email was messages from Facebook between him and my biological dad (not seen him since I was 14, I'm now 25) with my dad calling me every name under the sun and that I'm Mallicous and a Liah and in his statement to the court he used this as a proof I wasn't a nice person and was trying to make things difficult for him to see my daughter. Isn't this slander? How is this even admissible in court? Someone who yea biologically is related but hasn't known me through my adult life and actually hates me as I caught him cheating and my mum divorced him.
Should that conversation between them of even got to court in the hands of the judge, cafcass and even myself?
Expert:  Clare replied 6 months ago.

The Court would have ta***** *****ttle notice of such things - they certainly would not have seen it as proof of any misconduct on your behalf - it told them more about your ex than it did about you

The fact is that your ex has got very little in terms of his application - no doubt because of his behaviour in sending such nonsense in and failing to turn up

Customer: replied 6 months ago.
As he wants photos to be sent and correspondence from myself, does this mean that Millie is entitled to monetary contributions on her upbringing??
He hasn't helped me financially since she was born
Expert:  Clare replied 6 months ago.

You have been entitled to maintenance from day one no matter what.

You can apply here in the UK and then use Reciprocal Agreements in place to enforce the Order in Spain - you go for it!

Customer: replied 6 months ago.
How would I go about getting that reciprocal agreement?
Expert:  Clare replied 6 months ago.

The starting point is to get the Child Maintenance Order from the Court

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/a001-eng.pdf

Then you can apply to enforce it using the form here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/356014/remo-7-application-form.pdf

More details here

https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/paying-parent-lives-abroad

Customer: replied 6 months ago.
Thank you
Expert:  Clare replied 6 months ago.

You are most welcome

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
I was supposed to meet in court yesterday...
I was supposed to meet in court yesterday with my ex about my daughter, he didn't turn up. This is the second time he has done this even though he requested this specific date. I was still told to go into court and as he had emailed his side of things a court order was still put in place, I feel Iwas ignored about what I had to say and they read his email and made their minds up. My ex was extremely violent and lives in Spain but still gets a better understanding of his thoughts in court then mine, even when he doesn't turn up.
Expert:  Clare replied 6 months ago.

Sorry - do you mean to ask this again

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