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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughters fathers has refused me access to my daughter this

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My daughters fathers has refused me access to my daughter this weekend. We have a contact and residence order in place that was set in January 2009. My daughter is now 13. Her father telephoned me at around 3pm this afternoon to tell me not to pick her up after school today as is usual as we need to talk so he would bring her over what time would I be home. I said half 4. He said he would phone me to check and come over. He did and turned up at 4.50pm with a strange woman who he said was a witness. Told me he is keeping my daughter from me this weekend as we have issues and need to go to arbitration which he is sorting out. Gave me a piece of paper which he said gave him the right to do this. Would not discuss the reasons or tell me the issues and left. I read the papers which is something he's found on the internet giving advice to people who have separated and haven't been to court and aren't worth anything. I rang him and asked to discuss the issues he still refuses. Can he just stop me seeing my daughter without giving me just reason?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does the Contact Order say?
have you spoken to your daughter at all?
Clare
Customer: replied 2 years ago.

Its a contact and residence order, made on 5th Jan 2009. My daughter to reside with the father. Reasonable contact with mother (me). During term time, three weekend stays out of every 4 weekends Friday 3.00pm to Sunday 7.30pm ....


As this is an order that was made when she was primary age, obviously the 3.00pm now doesn't really apply as she is still at school, so I pick her up from her fathers house when she gets off the school bus at 3.50pm when it is my weekend. This weekend being one of them.


We haven't been back to court to vary the order as things have been amicable and saw no need.


 


My daughters father made it very clear to me yesterday I was to not contact my daughter by any means under no circumstance yesterday.


 


My last physical contact with my daughter was on Sunday 13th April. As this was in the school holidays. I had her for the first half of the easter break, she was with her father for the second half. I had a few text messages on 16th with her, on Friday 19th I got in touch with after my mum had said she'd tried a couple of time to get in touch with her and got nothing as she was trying to make sure my daughter (Jerri) was still available to go to her archery lesson on the Saturday 20th. I text Jerri and did get an answer to say she was available and that she didn't know she'd had any other messages from myself or her nan as her dad had taken her phone off her for two days prior as punishment for not listening to him when he was talking to her. I have heard nothing from Jerri since this either by text or facebook which our usual methods of communication when she is with her dad. I usually get a message or two first thing on a school morning to say hello from her but have had nothing all week. I have sent several messages through the week, and had no reply to any. My dad contacted Jerri last night at around 8.30 by text message asking if she would like to plant the seeds this weekend they bought a couple of weeks ago and got an almost instant reply. ~They sent a couple of messages back and forth and Jerri told him that she was staying with her dad for a while but didn't know how long for. When my dad asked why, he got no further replies

Expert:  Clare replied 2 years ago.
Hi
You have two ways forward.
You can issue an immediate application to enforce the existing Contact Order
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c079-eng.pdf
and the fee is £95
Alternatively if you think that your daughter herself may wish to change the arrangements you can arrange to discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) and a mediator trained to work with young people so that your daughters views can be reflected
I hope that this is of assistance - please ask if you need further details
Clare

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