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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Indirect contact

Resolved Question:

I have contact order for my grandson it is in 2 parts one for direct contact 5 times a year and one for indirect contact 2/3 times a week on the phone. the direct part has been suspended due to a court case that is progress at the moment the second part is still in force but the parent of the child is refusing to allow the indirect part to take place i informed the court that the parent was in breach of the order and the judge refused to do anything about it what should i do next.

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 is the child and what is the nature of the court case?
Clare
Customer: replied 2 years ago.

The child is 7 and his father is trying to get my access revoked because he said the child has told him that I have beat him and locked him in a cupboard none of which is true and I can prove that so that not my problem, the problem I have is that I am supposed to have indirect telephone contact and the father is refusing to allow me to have this contact despite being told by one judge at the interim hearing that he should do so the judge at the last hearing was not willing to do anything about it despite my request for him to impose some sort of order that made the father let me have indirect telephone contact, this is the second time he has been told to ensure indirect contact should take place and he has ignored the court both times .

Expert:  Clare replied 2 years ago.
Hi
Where is the child's mother in this?
Clare
Customer: replied 2 years ago.

She is only party to proceedings and only has PR the case is between the father and I i looked after the child for 4 yrs then the mother had all her children removed by social services and the father got custody i was given 5 wks a yr and indirect phone contact 2/3 times week

Expert:  Clare replied 2 years ago.
Hi
For clarity - you have already attempted to have the order enforced but the Court refused to do so?
Clare
Customer: replied 2 years ago.

we first went to court on the 2 april and the judge suspended contact pending full hearing and told the father he was to make child available for phone contact i tried to phone every until 5th asked the may. we then went to court on the 6th of may for a directions hearing i informed the judge that the father would not let me talk to the child I asked the judge to make some sort of order that would make the father let me talk to the child and the judge asked me what i wanted him to do i said it was not my place to tell the judge what to do but the father was breaking the law and should be dealt with accordingly the judge refused to take action

Expert:  Clare replied 2 years ago.
Hi
You can issue a formal Enforcement applictaion using a form C79
http://www.daviessolicitors.co.uk/forms_davies/Children/Application%20for%20enforcement%20of%20Contact%20Order.pdf
There is no guarantee that the court will grant your applictaion - in the circumstances they may not be prepared to do so, but if the Judge choses not to then he or she will have to give a clear justification for the refusal
I am sorry not to give you better news - please ask if you need further details
Clare
Customer: replied 2 years ago.

we have to go back to court on the 22nd july should i wait till then or make the application now

Expert:  Clare replied 2 years ago.
Hi
Make the applictaion as soon as possible - nothing can happen until you do!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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