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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is it possible to write to a judge ahead of a c79

Customer Question

Hi, is it possible to write to a judge ahead of a c79 application (Enforcing a contact order) requesting that they subpoena documents required that are material to the case. The documents in question are my child's school work book and homework record book. This will prove my involvement in my child life. The mother has broken holiday contact and is continuing to do so ahead of the first 30 minute hearing... If I write to the judge is she likely to write to the school affirming my request, or send a subpoena? I have requested these from the school consistently for the past month and they are refusing. I have PR
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Just to clarify the situation a little further. The court order for Child Arrangements is as follows: Child lives with mother Sunday even to Thursday eve. Father (me) has three weekends per month and collects child from school on a Friday after school and contact ends Sunday 4pm. We have 50% share of holidays, as well as 2 weekly Skype sessions on a Tuesday and a Thursday.Mother has breached the order and did not make my child available for our 8 day holiday for which I took 8 days abnnual leave, and after I appled for the C79 (my only, and appropriate choice I thought) she has still broken weekend and skype contact since then...
Customer: replied 2 months ago.
The reason I need the school work book and homework record book is that the mother is likely to ask for a significant reduction in contact, however the books I am requesting shows that I do more than 80% of the homework with my child. This, combined with many other factors will prove I believe that it is in my child's best interests to continue the contact pattern that has been established for the past two years quite successfully, and it is what my daughter is used to. Obviously I do not want to lose contact.
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Expert:  Clare replied 2 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

I am afraid that the answer is that the court will NOT do this

The Court would certainly not write to the School directly - and at this stage will not issue an Order allowing you to obtain them from the School

If the mother applies for Contact to be reduced she will have to give a good reason focusing on the needs of the child AND a very good reason why she disrupted the holiday and the pattern of contact rather than dealing with it in the appropriate way.

I hope that this is of assistance - please ask if you need further details

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