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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2731
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am needing to return to court after my daughters mother

Resolved Question:

hello, I am needing to return to court after my daughters mother will not allow for progression outside of the contact centre,
further to this my expartner has also breached the courts order by knowingly making my daughter to be known by a different name, even though i have parental responsibility and have never agreed such name change.
I am needing to act fast and unsure if I need to do a C79, and C100 as she is now causing harm mentalyand emotionally to my daughter and myself regarding our relationship as she is completley alienating my daughter and obstructing contact progression,
or do i just do a varied child arrangement order
please help
kind regards
stuart shaw
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. A C79 form is used where the mother is not complying with the current order and you wish to enforce the terms of the order. If you wish to vary the current order (eg. it has no provision for contact outside the contact centre) or if you think the current arrangements are not working on in your child's best interests, you should be using form C100 to vary the order.

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Customer: replied 9 months ago.
Thankyou, I am not really understanding how i vary the order with a C100, could you please point me in the right direction to do this
Expert:  Harris replied 9 months ago.

You need to tick applying for "Child Arrangement Order" and in the box directly below it state that you are applying for variation of an existing order and then complete the rest of the form as necessary.

Customer: replied 9 months ago.
Thankyou,
If I am doing a C100 how am I then able to include further points re . name changing. not allowing progression,
and with the C100 would the actions by the mother equate to emotional harm to myself and also my daughter, as she is clearly using my daughter to hurt me and equally she is seriously confusing my daughter as she now has no idea that I am her father as she did call me daddy but now will not and has also stated that her name is ***** ***** only 4 this is obviously instilled by the mother
Expert:  Harris replied 9 months ago.

I do not agree that would constitute for the purposes of the C100 but can be raised in the proceedings.

You can also apply for a specific issue order simultaneously in relation to the change of name.

Customer: replied 9 months ago.
i have put this together thinking that it may be reasonable to put into the C100 form,?
would you be able to agree or help adjust the contentsI MAKE THIS APPLICATION TO THE COURT TO ENABLE MY DAUGHTER TO HAVE A LIFE WITH HER FATHER,
IT WAS ORDERED THAT MY DAUGHTER AND I WERE TO ATTEND SUPPORTED CONTACT AT SALISBURY CONTACT CENTRE EVERY 1ST AND 3RD SATURDAY OF THE MONTH,
AFTER NEEDING TO RETURN MATTERS TO COURT DUE TO THE RESPONDENT BEING IN BREACH OF THE COURT ORDER BY TERMINATING CONTACT BETWEEN MYSELF AND MY DAUGHTER
CONTACT HAS BEEN VERY POSITIVE AND AS SUCH THE PERIOD OF 12 SESSIONS PLACED BY THE CONTACT CENTRE ARE SOON TO FINISH, THE CENTRE HAVE A STEPPING STONE PLAN THAT ENABLES A PARENT TO MOVE OUTSIDE OF THE CENTRE FOR A PERIOD OF TIME, THIS THEN WILL INCREASE TO THE POINT WHERE THE CENTRE IS THEN USED TO FACILITATE THE HAND OVER OF CHILD TO PARENT, SALISBURY CHILD CONTACT CENTRE HAVE MADE CONTACT WITH THE RESPONDENT AND MYSELF REGARDING TO THE ABOVE, I HAVE ATTACHED THIS DOCUMENT MARKED (exhibit 1)
THE CENTRE MANAGER HAS INFORMED ME THAT THE RESPONDENT HAS STATED TO THEM THAT I, MARTHA'S FATHER WILL NEVER HAVE A LIFE WITH MY DAUGHTER OUTSIDE OF A CENTRE,
THE RESPONDENT IS ALIENATING MY DAUGHTER AND CAUSING GREAT HARM TO THE RELATIONSHIP MY DAUGHTER HAS WITH HER FATHER.
THE RESPONDENT IS OBSTRUCTING ANY PROGRESSION FOR CONTACT, THE RESPONDENT HAS MADE CLEAR THAT SHE WOULD NOT ALLOW FOR CONTACT OUSIDE OF SALISBURY CONTACT CENTER
THE RESPONDENT HAS BREACHED THE ORDER DATED 08.04.2016
KNOWINGLY MAKING A CHILD TO BE KNOWN BY A DIFFERENT NAME