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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My partner has a child contact order giving him shared care.

Resolved Question:

My partner has a child contact order giving him shared care. He is due to pick the children up from their home address at 5pm tonight. However their mother has taken them away from the premises as she is getting married tomorrow and today has said that she doesn't believe he will make them available for collection tomorrow to attend. He has repeatedly asked for times they are being collected over the last 2 weeks and has not received a reply until today when she has "suggested" they don't go tonight. He is sat outside an obviously empty house even though he has agreed for her to have them for a few hours tomorrow on his contact day - is there anything he can urgently do?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist.
I am sorry to hear about the difficulties that your partner is experiencing with the mother of his children.
I note that your partner has a contact order and that this is your partners weekend but the children have retained by the mother as she is getting married tomorrow and she wants the children to attend.
In reality if the children are regularly not being made available to your partner then his route to enforcement is to return matters back to court to seek enforcement of the current order. Your partner would also have to refer the matter to mediation before he could return the matter back to court. This of course all takes time and will not give any instant enforcement.
If this is a one off then your partner should ask the mother to make up his lost time with the children.
Your partner also needs to ask the mother to provide him with the children's new address.
As mentioned above if the mother makes a habit of not complying with the order then he will need to make an application to the court to enforce the current order. Your partner should start to list all the issues to support his application. Your partner could also ask for disclosure of his children's whereabouts from the court if this becomes an issue.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
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