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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my partner got a prohibited steps order because his ex was

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my partner got a prohibited steps order because his ex was threatening to up and move with the children. this was done on the 20th march 2014.
it is still going through the courts as the ex is making it very diffacult for the children to have contact with their farther.
at some point from the (we believe) 21st march 2015 to the 27th march 2015. she moved!
at no point did she let anyone know till after she moved.
that means a new town, school, doctors etc..
it took over 6 months to get the doctors info last time, and even then she refused to allow the doctors to share. one of the children is supposed to be asthmatic and the other allergic to penicillin.
it was a housing association exchange. so not only would she have been planing it for weeks if not months. but two week prior (when he saw the children) she would have known the move was going to happen. we believe that is why she didn't allow contact to happen on the 21st march 2015
she doesn't keep to the court order
when she was to write what her complaint was she didn't!
one time not turning up till the next day
again now not writing how she thinks things are progressing
been told she must have reasonable communication with the childrens farther. email was suggested. she has gone back to refusing to do that. tho all she ever wanted to do was demand money!
and now to just move!
the currant solicitor said its best to not do anything about the move "as it may rock the boat" her reasons are that things are at least moving forward. all be it very very slowly due to the actions of the ex
the ex had stopped him seeing the children once before this time going to court. so twice in total. saying he was going to take them from her care. he was seeing them once every 4 weeks before because that is all she would allow! it was in paperwork that the children come to us for xmas 2013 (alternating). the begining of november was when it was said to her baout it. she said over her dead body. we believe this is the real reason she stopped contact. she has claimed the children's farther is controlling and abusive. this is not so. he would just like to have a roll in his children's lives. to be able to take them on holiday (like she does) without giving a full itinerary where she doesn't have to tell him anything. would just like it to be fair.
he could never see them on their birthdays or xmas. any school holiday time was limited eg only 10 days in the summer holidays
has had him arrested for harassment. later to be shown it would be her to call, text or email him first.
she has never been pulled up on her actions!
we would like a second opinion on this please. plus any other advice please
should the court be told that she has has moved against the order?
thanks
klaire
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.
How old are the children and when is the next court hearing?
Clare
Customer: replied 2 years ago.

7 and almost 6

the next cort sat date is the 27th may.

Expert:  Clare replied 2 years ago.
Hi
is your partner named on the birth certificates?
What is the next hearing meant to be about?
Clare
Customer: replied 1 year ago.

yes he is

I believe its the final hearing. tho we don't want to rock the boat but we also think she will do this all again

Expert:  Clare replied 1 year ago.
Hi
Just to check - to your knowledge was the Prohibited Steps Order still in place?
Clare
Customer: replied 1 year ago.

yes the order was still in place

Expert:  Clare replied 1 year ago.
Hi
Sorry - and your partner's Solicitor has said to ignore it?
Why?
Clare
Customer: replied 1 year ago.

because he's ex is letting him see the children for 6h every second Saturday. Before she was making him see them in contact center 2h one Saturday a month and 1h on a Friday 1 Friday a month.

Expert:  Clare replied 1 year ago.
Hi
What contact is being sought at the final hearing - and how far away has she moved?
Clare
Customer: replied 1 year ago.

shes moved from Littlehamptonto shoram. As far as I am aware the contact is to increas but letting my daughters to start seeing them in may. Me again in 3months and then weekends after that. But this means keeping the solicitor longer. Something we don't really want. We feel no matter how it goes this will happen again. His ex has as a rule never stayed long in one place. Falls out with family then moves. Then want s to move back when things calm. The childres farther doesn't want them being moved every 12/18 months. Its not as if she stays in the same town.

Expert:  Clare replied 1 year ago.
Hi
That is quite a distance really.
To be sure I understand
Your partner has had various orders for contact - all of which have been broken
The Prohibited Steps Order has been broken - and in fact she has a habit of moving - how many different schools have the children been to now?
Your solicitor has said just ignore it as things are getting better?
Does that sum it up?
Clare
Customer: replied 1 year ago.

this is their 2nd school. She first said she wanted to move to a different town. . The oldest child has now moved home 4times.

yes thigs are getting better. But they are nowhere like they where. Rich time she stops him seeing them. She put more restrictions on what he can and cant do. We know its only a matter of time before she wants to move or stop him seeing them again

Expert:  Clare replied 1 year ago.
Hi
What has your partners experience of the local court been like?
Clare
Customer: replied 1 year ago.

he feels no matter what he does the court will always side with his ex. Because she the mother no matter what she says or does he will get nowhere.

he has done everything the court has asked and she has delayed and made more problems. Gone against what has been asked of her and she is allowed

Expert:  Clare replied 1 year ago.
Hi
Is this what has actually happened in court - or just what he is afraid of?
Clare
Customer: replied 1 year ago.

this is what he feels is happening in court

Customer: replied 1 year ago.

this is what he feels is happening in court. Because she didnt turn up last time (turned up the next day and saw the judge on her own) the reports rom the contact center. There are many things in there that the ex wouldnt want shown in court.

Expert:  Clare replied 1 year ago.
Hi
It is very difficult to comment when I do not have all the details.
HOWEVER I find it hard to see why your partner is meant to ignore the fact that his ex has deliberately flouted the court order.
She has not consulted him on schools as she is meant to do - and I assume has still not given him any of the relevant details.
It is hard to see on what basis his solicitor believes that anything will get better in the future - indeed the opposite must be true since the more she gets away with the less likely she is to respect the court
I would be minded to make an immediate application to the court based on the fact that she has moved without giving him all the details and in direct contravention of the Order
It may be impossible to reverse the move - but she can be forced to give him all the relevant details of schools etc - and hopefully a firm warning about breaching court orders.
However all I can do is comment - only you and your partner can decide what you wish to do next
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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