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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a court order to see my daughter at a contact cente.

Customer Question

I have a court order to see my daughter at a contact cente. There is one contact centre in the area and they are very busy. I saw my daughter on the 24/09/16 for 1 hour and 30 mins because her mother was late. now they can only get us in next on the 8th of october. But mother has said she going somewhere and is not in the area. the contact centre has also said that i could see her on the 22 october and again mother has said its my daughter birthday and they are doing something. The next ones are in November and the dates the contact centre have given, mother is are going a broad which i knew nothing about. So the next time i can see her is around dec. This is not fair on my daughter and i. What can i do.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. What are the arrangements contained in the court order?

Customer: replied 1 year ago.
The court was for me to arrange a contact centre and for mother to make sure my daughter is available. She ignore the order for 3 months until the day before we had to go back to court on the 5th off September. I was in the process of enforcing the order.
Expert:  Harris replied 1 year ago.

Does it state how often you are to have contact?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
I have not received the last court papers from the 5th of September yet. Which i thought they said to me they was hoping i would have 3 sessions before i see them again on the 5th of december
Expert:  Harris replied 1 year ago.

Thank you - was there provision for alternative supervision (ie. a third party)?

Customer: replied 1 year ago.
No, just supported
Customer: replied 1 year ago.
Are we finished
Expert:  Harris replied 1 year ago.

Thank you for confirming. In the circumstances it would appear that you need to return the matter to court for a variation of the order as the current contact centre arrangement is not helpful due to their unavailability. You should prepare other proposals, such as supervision by independent third party.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.

Customer: replied 1 year ago.
I dont understand what you mean By supervision by independent third party and why. And are you talking about the contact not being available at certain times and also how do i go back to court before the date they set on the 5th dec
Expert:  Harris replied 1 year ago.

To go back to court you will need to apply using form C2 for an urgent hearing due to the contact centre not having availability and the mother not facilitating the days that they are available.

The court has clearly directed that contact should take place at a contact centre, but if you are able to propose, for example, a mutual friend to supervise then this may be a way forward to prevent contact not taking place due to the availability of the centre.

I hope this has assisted you further. If so, please consider amending your rating.

Customer: replied 1 year ago.
Its only at contact center because of the childs age of which is only 3. I have residence of my 2 other children so no other reason i should not have her other than her getting used to me.
Expert:  Harris replied 1 year ago.

Age is not a paramount factor when deciding on a contact centre or not - contact centres are usually for parents who have not had recent contact, or if there are welfare or child protection issues that need to be allayed before it moves to an unsupervised basis - you may therefore have argument to have unsupervised contact if you return it to court.

Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Which is the case. i haven't had recent contact. So looks like i will have to use the c2 form
Expert:  Harris replied 1 year ago.

Be aware that there is a £155 court fee to issue the application.

I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

Customer: replied 1 year ago.
I did ask about her taking my daughter out of the country without informing me. I have parental responsibility
Customer: replied 1 year ago.
Is she allowed to do this
Expert:  Harris replied 1 year ago.

Where is she going and for how long?

Customer: replied 1 year ago.
She going abroad. Don't know where and for 2 weeks
Customer: replied 11 months ago.
She is going abroad on the 11th and she said to the court that she does not want me to hear where she is going. Is this right
Expert:  Harris replied 11 months ago.

As you have parental responsibility she must obtain your consent to leave the country

Customer: replied 11 months ago.
Well the court ask her where she is going. She said she does not want to say because i am there. And the judge said are you going abroad or this country. she said this country. I said to the court i have parental responsibility and why am i not being told. The court dismissed it.
Customer: replied 11 months ago.
sorry she said abroad
Expert:  Harris replied 11 months ago.

The law is that if you have parental responsibility she must obtain your consent if she is planning to go abroad with the child. Your consent cannot be unreasonably withheld and you should urgently contact her to remind her of this. If she is going to an unsafe country or you do not think she will return this will be reasonable grounds to refuse the travel and you should consider applying for a Prohibited Steps Order using form C100 and a £215 court fee if this is the case.

Customer: replied 11 months ago.
Why did the court dismiss me when i said should i not be told where she is going
Expert:  Harris replied 11 months ago.

I really cannot comment on that as it should have been raised with the judge to provide an explanation. If she has a residence order (or child arrangement order for the child to live with her) then she is able to take the child abroad for up to 1 month without requiring consent.

Customer: replied 11 months ago.
She has a residence order. So now she can take her without telling me where and when. Even without my consent.
Expert:  Harris replied 11 months ago.

Unfortunately yes, the legal position is if she is taking the child out of the country for less than 1 month she does not need your consent or involve you in the travel arrangements.

Customer: replied 11 months ago.
Ok, What are the chances in getting a suspended residence order for her breaking the order twice
Expert:  Harris replied 11 months ago.

It is unlikely that a court will agree to discharge a residence order for failure to adhere to contact - there is a high test that needs to be met for this. However, you have enforcement options available if she does not comply with contact order