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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently attempting to take the issue of contact to the

Resolved Question:

I am currently attempting to take the issue of contact to the county court as every other avenue of communication has failed. The problem is the judge will not hear the case unless she has been formally served. She has moved and I employed a tracing agent with no luck I then employed a private investigator who did manage to get her to contact him but not disclose her address or accept papers. What I would like to know is would the court rule in her absence in this situation and is there anything more I can do at this point. I am all out of ideas but I dont want to accept I will be absent from his life until I have tried everything.
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 when did you last see him?
Clare
Customer: replied 2 years ago.

The child is 2 and will be three in September, the last day I saw him was Christmas day. Also some additional information she did make contact with the private investigator and was informed of proceedings but refused to meet with him to be served.

Expert:  Clare replied 2 years ago.
Hi
Clearly your private investigator is not an expert in the field as otherwise he would have ensured that that could not happen.
However the way forward is to apply to the court - using a form C2 - for an Order that the DWP release her address TO THE COURT for service.
It will take a few more weeks I am afraid - but it will be effective
Please ask if you need further details
Clare
Customer: replied 2 years ago.

In your experience is a judge likely to grant a C2 (Seek and Locate) order. In what circumstances would they refuse. And yes the PI was not the best.

Expert:  Clare replied 2 years ago.
Hi
You are not applying for a Seek and Locate Order.
You are applying for a very specific Order allowing the DWP to release her address for the ocurt to effect service.
This will be successful
Clare
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