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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son has not seen his two children for over 4 years despite

Customer Question

My son has not seen his two children for over 4 years despite securing Court Orders from the Family Court for contact. Are there any ways the Court can enforce the Order which the mother fails to comply with? Also please advise what is required to secure a suspeded residence order.

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How old are the children?
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
When was the last order made and what excuses have been given for the breaches?
Claire
Customer: replied 3 years ago.

The children are 9 and 5.
The last order was in November 2012. Mother continues to put obstacles in the way of contact. Latest ruse has been to encourage the eldest child to say they do not wish to see father which is now being copied by youngest child.

Expert:  Clare replied 3 years ago.
Hi
When was the last CAFCASS report?
Claire
Customer: replied 3 years ago.


There is a Nyas caseworker involved. She seems to be having no luch in getting contact going despite the Court Orders

Expert:  Clare replied 3 years ago.
Hi
Do you mean the NYAS worker hasn't seen the children?
Claire
Customer: replied 3 years ago.

The Nyas caseworker has seen the children quite a number of times. Nyas have been involved with the case for approx 4 years. An earlier caseworker left. My son won a case in the Court of Appeal whch ordered that there should be contact. I do not believe the mother is positively encouraging contact between the children and their father which seems to me to be in breech of the Court Order

Expert:  Clare replied 3 years ago.
Hi
What does the latest NYAS report say?
Claire
Customer: replied 3 years ago.
sorry for the delay. the nyas report follows i guess the court order in that it reports on the contacts (or rather the failed contacts)

a concern i have is nyas will take the easy way out in a few months and say as the children are now saying they dont wish to see their dad nyas will recommend no contact. this would be absolotely agfainst the court of appeal decision that the children should have contact. the mother just continues to make it difficult and although she seems to say the right things to the nyas caseworker she is doing nothing positive to encourage the children to see their father
Expert:  Clare replied 3 years ago.
Hi
What enforcement options have been used so far?
Claire
Customer: replied 3 years ago.
None that I know of. I had no idea there were any
Expert:  Clare replied 3 years ago.
Hi
When was the last missed contact?
Claire
Customer: replied 3 years ago.
dec 4th

i should be on line tomorrow to answer your queries more quickly. sorry about this - i've been away helping with my new grandchildren
Expert:  Clare replied 3 years ago.
Hi
There are a number of enforcement options available to the Court - anything from Community Service to Transfer of Residence.
I am very concerned that no action has been taken about the breach of the order for nearly two months - these things are best acted on quickly - for the exact reason you mention.
He needs to make the application on a C79 - details on the website here
http://www.thecustodyminefield.com/
It is always best to let the court raise the issue of enforcement by way of a change of residence - and if he goes back every time there is a breach they will get there
Claire
Customer: replied 3 years ago.

Hello again


 


Thank you. The difficulty I see in persuading the Court to take action is clearly demonstrating the mother is in breech of the order. She will claim she lets the children go to contact with the nyas caseworker and my sons sister and she is not against the children seeing their father. In rweality it appears she puts obstacles in the way all the time such as telling the children their father is mean and that he stole photos of them when they were little. The nyas caseworker seems to do little if nothing to try to find out why the children now have negative views towards their father and says the mother is not stopping contact. How do you see my son "proving that the mother is in breech"?


 


Also can you advise re what is needed to "win" the suspended residence order as per my original question. I cannot see at the moment the Court awarding custody to my son when the Nyas caseworker is saying the mother is a good mother and she does not oppose contact. The nyas caseworker seems to be sitting on the fence unwilling to do or say anything strong against the mother.


 


Peter

Expert:  Clare replied 3 years ago.
Hi
I am a little confused - if the case worker is collecting the children for Contact and this is not being prevented why does contact not take place?
Claire
Customer: replied 3 years ago.


The children are now saying they do not wish to see their father. They are 9 and 5. The nyas caseworker does not seem able to manage this and find a way to encourage the children to be positive. My son is worried that if he just turns up without the children agreeing to see him this will cause the children particularly the eldest to react negatively and later tell the mother she was "forced" to do something. The mother will object anyway if the nyas caseworker does something with the children which is not agreed with them in advance.

Expert:  Clare replied 3 years ago.
Hi
What is the exact wording of the last order with regard to contact?
Claire
Customer: replied 3 years ago.


Mother shall make girl/girl available for assessment work by the Nyas caseworker and any direct contact the caseworker may recommend takes place between the children and their father as follows


 


date date date date date date date


 


It being noted that any direct contact that takes place shall be supervised by the Nyas caseworker for assessment purposes


 


sister shall be present at the discretion of the Nyas caseworker


 


The court considering such assessment by the Nyas caseworker is essential given the complex and lengthy history of the case and is vital in order to assist the Court in making orders in the best interests of girl/girl

Expert:  Clare replied 3 years ago.
Hi
So it is up to the Caseworker if there should be contact or not?
Claire
Customer: replied 3 years ago.


Contact has always been nigh on impossible because of the mothers transigence. The situation now is the girls see the caseworker and fathers sister. the eldest has said she doesnt want to see her father and now the youngest is copying her although originally she did want to see her father. Whilst the mother on the surface says she is supporting contact she seems to be being always negative about the father to the children and leading them to believe they dont have to go if they dont want to. Yes the caseworker will decide but she that is the caseworker has done litlle if anything to encourage the children

Expert:  Clare replied 3 years ago.
Hi
Has the case worker completed a report?
Claire
Customer: replied 3 years ago.


No not since the case at the Court of appeal other than small reports about contact attempts. The problems with contact caused by the mother are never bought out in the reports. There is another case due mid March and Im worried the caseworker will eith continue to sit on the fence or say in her report contact is impossible.


 


It all seems od when the Court of appeal/high court are ordering contact that no-one is actually making it happen or doing any real work to try to make it happen


 


Thank you for staying on the case and considering this.

Expert:  Clare replied 3 years ago.
Hi
has you son spoken to the NYAS worker about what actions she is planning?
Claire
Customer: replied 3 years ago.

He keeps asking for a plan but the caseworker is pretty useless

Expert:  Clare replied 3 years ago.
Hi
Has he tried her line manager?
Claire
Customer: replied 3 years ago.

No

Expert:  Clare replied 3 years ago.
Hi
I am concerned at the lack of progress and lack of clarity as to how progress will be made, especially given the history of this case as I understand it.
At this stage I would suggest that your son makes an appointment with the Line Manager and asks for a clear timetable of the planned move towards contact
Unfortunately without the support of the NYAS worker his chances of obtaining a suspended residence Order by way of enforcement are nonexistant
Claire
Customer: replied 3 years ago.

Claire


 


Thank you for your help and advice. I think your suggestion is very good and I will discuss this with my son. Thank you also for offering to help a bit further if needed. That is very kind. Warmest best wishes. Peter

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire

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