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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am separated from my partner. We have a disabled so who has

Customer Question

I am separated from my partner. We have a disabled so who has cerebral palsy. He gets DLA and a motobility car and a blue badge. We share the care of our son. My ex partner will now give me use of the motobility car when I am caring for my son but will not give me the blue badge. What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  TherapistJen replied 1 year ago.
If you have gone to your ex to discuss this need and he refuses, I would contact whomever structured your agreement and let them know what is happening so they can get this straightened out. Try and speak with the ex in an open and loving manner to see if he will provide what you need and you may also go to your child's doctor to see if they will write for another blue badge so that you can both have one since you are not together.
Customer: replied 1 year ago.
I was expecting more information. Very clearly I have an option of going back to court but that is a very expensive way of getting a blue badge from my partner. I don't know if Chester cc would give 2 blue badges to us for our son but I actually thought you may have explored that option instead of just suggesting it. I paid £24 for an answer that was already very obvious to me. I was expecting a more detailed reply than this. You have made a very obvious reply and not a legal technical response. You are suggesting common sense. I have that already. Could you research this response more please?
Expert:  TherapistJen replied 1 year ago.
Your question did not come through in the legal category, but rather the parenting one. I will opt out now and send to the moderators to get your question in the correct category.
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you How old is your son and is there a Court order regarding the time he spends with each of you?
Customer: replied 1 year ago.
Yes, there is a court order and the time agreed that he spends with me.he is 9yrs old. The court instructed his mother to pass his Motorbility car to me when he was with me. She just refuses to pass the Blue Badge also and this then restricts where I can park in a disabled bay. Thank you for taking up my response.
Regards
Expert:  Clare replied 1 year ago.
When was the Order made?
Customer: replied 1 year ago.
Court order was made 21st December 2015
Expert:  Clare replied 1 year ago.
I am afraid that the Local Council will NOT issue a second badge because of the risk of abuseThis leaves you with two options - but sadly both involve court.The first is that you apply to enforce the original order on the basis that it the Blue Badge should go with the car and accordingly your ex is in breach of the OrderThis would be marginally risky since it is not specified in the Order - but there is a reasonable chance of success.That is done using a form C79The alternative is that you apply for a Specific Issue Order using a Form C100.In the circumstances you have a fighting chance (but not a certainty) if obtaining a costs order against your ex,I am sorry - I agree that Court is an expensive option - but sadly it is the only option.Please ask if you need further detailsClare
Customer: replied 1 year ago.
Can I please explore the two options you have given me and come back to you? Thanks for the information. That was what I was looking for.
Kind regards,
Anne
Expert:  Clare replied 1 year ago.
Of course - let me know if you need further details