How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2305
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

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: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

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

Customer: replied 6 months 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 6 months ago.

Does it state how often you are to have contact?

Customer: replied 6 months ago.
No
Customer: replied 6 months 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 6 months ago.

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

Customer: replied 6 months ago.
No, just supported
Customer: replied 6 months ago.
Are we finished
Expert:  Harris replied 6 months 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 6 months 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 6 months 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 6 months 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 6 months 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 6 months 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, Law Specialist
Category: Law
Satisfied Customers: 2305
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 6 months 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 6 months 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 6 months ago.
I did ask about her taking my daughter out of the country without informing me. I have parental responsibility
Customer: replied 6 months ago.
Is she allowed to do this
Expert:  Harris replied 6 months ago.

Where is she going and for how long?

Customer: replied 6 months ago.
She going abroad. Don't know where and for 2 weeks
Customer: replied 4 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 4 months ago.

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

Customer: replied 4 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 4 months ago.
sorry she said abroad
Expert:  Harris replied 4 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 4 months ago.
Why did the court dismiss me when i said should i not be told where she is going
Expert:  Harris replied 4 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 4 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 4 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 4 months ago.
Ok, What are the chances in getting a suspended residence order for her breaking the order twice
Expert:  Harris replied 4 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions