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Ask Clare Your Own Question
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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Ex n I have been court years ago n got a contact order that

Resolved Question:

Ex n I have been court years ago n got a contact order that I couldn't always go by,as living 100 miles away n not always been lucky with work......in past year or two she has power of messing with my kids yes they can visit then no they not ,I'm paying weekly n have always have done if through system or cash to her n buying my girl things,,,,she going back on arrangements for Xmas n saying take her to court ,what to do? Can't afford cost of courts
Submitted: 27 days ago.
Category: Family Law
Expert:  Clare replied 27 days 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

How old are the children and what contact have you had over the last six months

Customer: replied 27 days ago.
13 and 12 I last see them summer holidays (August )they stayed with me at my parents for 3 weeks
Customer: replied 27 days ago.
They were due up October holidays and was agreed by her for then and next at Christmas but refused October and saying take me to court to see them now,she's been saying this year after year and out of the blue says yes I can pick them up.
Expert:  Clare replied 27 days ago.

Just to check - the chidlren wish to spend this time with you?

Customer: replied 26 days ago.
When I get to talk to them they say nothing in not wanting to ,that's when I can talk to them as their mum n partner shut certain social media to stop contact sometimes,depending on her mood or if I'm seeing my girlfriend or not. My daughters have contact with my Neice n as she's aware i.e. Xmas they still think they are coming up,panto been booked n paid for them n all spending time together,but their mum now saying no they can not,she could change mind at very last minute as she has done in past ,so need to sort it that my girls heads not keep being messed up n my own head..........it's a constant power thing...........when working good job paying her n giving over the odds n paid out when she requested things ie laptops,new beds I paid,not in that situation at the moment n havnt been for couple years now n that's when power of when she let them started even though she gets her weekly money.........their mum told my sister in October they not coming up its your brother thought so don't put blame on me.......so where do I go from here? As said do have court order from years back but I couldn't in end stick to that agreement every other week for them to stay at my parents for weekend ,when they come up that's where they always stay so sometimes when she says I'm with this girl no they not coming up they only have contact with my girlfriend if they choose to........just them living in Kent n me in Northamptonshire it's a long journey n hard for contact if she ignores or shuts my girls communicating tools down.
Customer: replied 26 days ago.
as I'm aware yes they do want time with me,my youngest shows more of not wanting to go home when she with me due to having two younger brothers and the stepdad ........she loves the peace n guess attention as she voices how she left out n they don't treat her same as others,she's really withdrawn n eldest is now been told she has depression ,these words come from my girls talking to their cousin in Kettering.
Customer: replied 26 days ago.
Do you need to know anymore ???
Expert:  Clare replied 26 days ago.

The way forward is to make an urgent application to the court for a specific order relating to the christmas arrangements so that you have an enforceable order.

At the same time you can apply for a Child Arrangement Order dealing with the ongoing arrangements.

The form you need is here

https://formfinder.hmctsformfinder.justice.gov.uk/c100-eng.pdf

The fee is £215

and you can avoid mediation as it is an urgent applictaion regarding christmas

Customer: replied 24 days ago.
The link you have sent,once I've printed it off is this for urgent application for Xmas visit n ongoing arrangements? Or do I have to do two different application.........so sorry but can you do idiots guide,i.e. Do I print link fill in n just go to a court house? Also what name of a court I got to go to? Just Kettering closed down n not sure what name to search that can deal with my problem......county court magistrates etc? Thank you then I will leave feedback
Expert:  Clare replied 24 days ago.

In fact the form will cover all the applications

You are asking for

1. A specific issue order regarding the previously agreed christmas contact

and

2. A Child Arrangement order to set out ongoing contact

You need to take three copies of the form to the Northampton family Court

Clare and other Family Law Specialists are ready to help you