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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33828
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Resolved Question:

Hello

I have  had a child arrangement order in place, and the court has ordered a new hearing about six months  after the order has been made, however neither me nor my ex partner did not receive any paperwork regarded the latest hearing,  only one letter after because we did not turn up. In that letter also  the court order has been withdrawn. Can I  reverse the withdrawn of the order  and enforce the initial order because my ex has disregarded the order continuously?

What is the best way to proceed?

Thank you, Peter

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.
Who had requested the later hearing?
What is the existing arrangement and what problems have you had?
Clare
Customer: replied 2 years ago.

Hi Clare

I don't know who requested it , definitely not me. On the hearing when the order was placed there was no mention of any other hearing dates. I only received a letter that I did not turn up, and an another one that the order is withdrawn. Do you want me to scan the copies?

The existing arrangement was , that I can see my daughter on every Sunday, Half on the half terms, and 2 weeks at the summer. My ex was taken her camping last summer at the time of the court order,at the time when the order specifically set the dates for the Summer holiday she wanted to take her ,because the order was wrong
constantly arranged programs on my day, that made impossible to do anything. When she promised our daughter programs on my day and I could not keep them, that upset my daughter on a way that she simply did not released her because she was crying. I this year I have seen my daughter for 2 Sundays altogether. When I turn up I take a picture, and when she is not letting me to have my daughter I also take a picture with the date and time. About a month ago she has taken the mobile phone out of my hand(while I was sitting in my car), took it inside her house, deleted all the pictures, and thrown the mobile in the bin, the sim card and the memory card was only given back to the police officer whom I have called, I have a crime reference number also.
The problems with her are endless.

I have initially took your advice to go tio the court over a year ago.

I am a returning customer)).

Best Regards, Peter

Expert:  Clare replied 2 years ago.
Hi Peter
Yes could you please send me copies of the Orders
Clare
Customer: replied 2 years ago.

Hello Clare

I don't seem to have an upload option here.Can you please give me an email address to send to?

Peter

Customer: replied 2 years ago.

Hi Clare

I have sent details of my court order, and did not recieve any answer after.

Regards, Peter

Expert:  Clare replied 2 years ago.
Hi Peter
Ah - they sent it to me with no link to the question!
I shall get back to you later today
Clare
Customer: replied 1 year ago.

Relist: I still need help. Hello Clair I have re emailed the documents to them again. Please let me know if you can handle my question asap. I am waiting since February the 28 th and being very disappointed. REgards, ***** *****

Expert:  Clare replied 1 year ago.
Hi Peter
I am sorry - there are issues with reading what has been sent - I have asked Customer services for help
Clare
Customer: replied 1 year ago.

I have sent it without the zip format.

Expert:  Clare replied 1 year ago.
Hi Peter
Sorry - where does it say that the Order has been withdrawn?
Clare
Customer: replied 1 year ago.

Just sent it.

Expert:  Clare replied 1 year ago.
Hi
Ok I will wait until it comes through
Clare
Expert:  Clare replied 1 year ago.
Hi
Right
In fact the contact order stands - all that has ceased is the Enforcement application.
So when should you be seeing the child and when did you last see her
Clare
Customer: replied 1 year ago.

She isn't keeping the order, does her own arrangement. According to the order I should see her Sundays, half of the halfterms , 2 weeks in the Summer term. At this time she is not answering the phone or messages.

Last time I have seen my daughter was 4 weeks ago. She spent 2 single days with me and a weekend in this year.

Regarded the enforcement application I did not start it.

Expert:  Clare replied 1 year ago.
Hi
In that case you can make an application to enforce the order as and when you wish
The form you need is a C79
http://simon-walland-family-law.co.uk/wp-content/uploads/2013/08/C79.pdf
and the fee is £245.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33828
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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