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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was in court last week as the applicant of an enforcement

Resolved Question:

I was in court last week as the applicant of an enforcement order over access ( holidays were cancelled), I could not prove to the judge with 75% probability but now face another court appearance as respondent (mother) has applied to have existing court order with regards ***** ***** changed. After 9 years of fighting over access I'm all out of fight and worry for the health of my daughter - I have joint parental responsibility. What are the legal consequences if I write to the judge and say I no longer wish to take part in any court proceedings and am prepared to only see my daughter if she request a visit. I live in France she lives in the UK and is 13 next April. I did say to the judge last week that I had had enough and she gave me 2 weeks to decide what to do.( My daughter is now totally poisoned against me and has told me that she no longer wishes to have a relationship with me)
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.What change has the mother requested?Clare
Customer: replied 1 year ago.

supervised visits only - she is now trying to stop all contact, i just do not want to continue any more as my question stated but I wish to know what are the legal ramifications - i personally think I would win some visitation but i do not wish to put my daughter through any more cafcass interviews or all the stress.

Expert:  Clare replied 1 year ago.
Hi
I can understand your concerns about the emotional costs to both you and your daughter
You are certainly entitled to withdraw from the proceedings - and only you can decide if that is what you wish to do,
If you do then you will retain your Parental Responsibility - but it would be difficult to resume any further application
I hope that this is of assistance - please ask if you need further details
Ckare
Expert:  Clare replied 1 year ago.
Hi
I am sorry that you feel my service was poor meaning that I get no credit for my time but which is not necessary for and does not trigger a refund.
I suspect that I have not fully understood what it is you wish to know - it would be helpful if you could expand on what it is that concerns you about your position
Clare
Customer: replied 1 year ago.

Im sorry but I did not get the legal ramifications answered ie at the moment surname can not be changed of my daughter and mother can not take daughter out of the UK for more than a month - if I withdraw from proceedings can they be changed -

I currently have weekly phone contact would that be stopped also?

I'm looking to write to the judge explaining my concerns and say within the letter that I will now only see my daughter if my daughter request a visit but I hope to keep phone contact

if those elements were answered I would be happy with the advice.

Expert:  Clare replied 1 year ago.
Hi
You retain your Parental Responsibility and accordingly her name cannot be changed (until she is 16) and she cannot leave the country for more than a month without your agreement (again until she is 16)
The Phone Contact should continue although enforcement could be a problem
Clare
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