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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1001
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been to court first dispute resolution hearing to

Resolved Question:

I have been to court for the first dispute resolution hearing to seek contact with my son, it was successful and the judge drafted up an agreed arrangements (interim order) which states the child will see the father as set out in the contact schedule below from now until the final hearing there is also a warning notice on this order.
Myself and the mother could not agree on our child's surname (as I did not know I was a father, my son took the step fathers surname from birth) and I wish for it to be double-barrelled so we have been set a court date to hear that dispute.
In the mean time the contact schedule the judge had drafted had specific dates for 4 weeks, myself and the mother were under the impression this order ended after the 4 weeks but if it says until the final hearing on the interim part doesn't it continue on those days until court is over?
The mother has now been dictating and cutting my time short with our son to suit her lifestyle and to be awkward as she's under the belief she can pick and choose when I see our son and I have no say because the order ran out after 4 weeks.
My main question is, is this a breach of an order even though it's an interim order and does that require an enforcement order to be submitted or do I apply for court with another c100 while this name dispute is still ongoing.
I wish to go back to court and have my contact set in stone she has now took a Saturday off me when that was agreed in court and also has changed the location I pick our son up from which was not disclosed in court so I am now travelling further which I can't afford and it's also not good for our son he's in the car most of the time now and I have to still drop him off and pick him up within our contact time together meaning when I have him 9-1pm really I have him 9:40 - 12.20 because of having to get to and from a location so I'd like that to be sorted out in court too.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when is the next court hearing?

- when did the 4 weeks expire?

Kind Regards

Caroline

Customer: replied 1 year ago.
The next court hearing is 7th July 2016 the schedule of contact was drafted up to 15/04/16 and the mum has been arranging contact since, it has been better now than it has in the past but what I want is to take away the mothers ability to do things like say I'm picking him up an hour early for a party so have him ready for 1pm instead of 2pm.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

As the next hearing is nearly 6 weeks away - if the mother is being difficult in respect of the interim contact then you can make an application to the court for the court to decide the interim contact position if the mother is causing difficulties.

Whilst it is unfortunate that only a 4 week schedule was prepared - it is unlikely that the mother is breaching an order - but in any event it is likely that the court intended the contact to continue until the next hearing and the court will be unhappy to learn that the mother has started to be obstructive.

To return matters back to court so that interim contact can be considered further - use this form:

http://www.justice.gov.uk/downloads/forms/fjr/C2_web_0414.pdf

There is a court fee of £155.

You need to detail in the application that the schedule was only for 4 weeks and that the mother is now causing difficulties in respect of contact time and that you want to ensure consistent contact happens before the next hearing.

The court will then list an interim hearing so that interim contact can be considered again.

Please do not hesitate to ask if I can assist you further

Kind Regards

Caroline

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