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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have. Canceled. family law court for an enforcement. Order

Resolved Question:

I have. Canceled. family law court for an enforcement. Order because my x partner didnt listen to last one 29 march 2016 u have 2 girls 10 and 3 the three yesr old is fine with seeing me but my 10 year old all of a sudden. She hates me and dosent want to c me she thi ks her mother will have to go to jail if she dosent see me so i canceled. The courthearing now today 18 oct 2016 i have recived a letter from my ex is solicitor asking me to put itwriting to them and to aske the court to ammend the court judgement which stands from 29 march 2016 do illegaly have to respond to her solucitor i have spent so much money on court i canno longer afford a solicitor but i hsve canccel ed court. By writing a letter 2 weeks ago thanks if you could point me in right direction
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about what it is that you wish to know?

Customer: replied 1 month ago.
I have canceled. Court hearing buy writing to family law court but i recived a letter from m x is solicitor asking me to give it in writing to them to show i have cancelled. The coury hearing and they also want me to put in writing forthe origanal court. Order to b ammended do i have to do this legally or not i have no money left for solicitors ive all rrady been to court. Twice and paid solicitor and all the fees
Customer: replied 1 month ago.
Do i need to write to my x partner. Solicitor. About. Cancelling coury order and to write to them agreeing to amendment. Of origanal court. Order which i do not. Want to do
Expert:  Clare replied 1 month ago.

Right

You wish to withdraw the applictaion you have before the court and need to know if you have to write to your ex's solicitor - is that right?

Customer: replied 1 month ago.
but i have. Canceled. Court. Hearing myself in writing. To court and my x partner. Phoned the court. So she knows its cancelled but her solicitor. Wrote to me today asking me. To respond what i messaged you thanks
Customer: replied 1 month ago.
Clare. I do not want to cancell. The original. Court orderi just want myex to pick days and times to suit because. At the momment she dosent adhere to courtorder she says they dont wsnt to cme or there. Bad my 3 year old is fine butshe has poisend my 10 year old and i have always c my girls since theywere born up untul Christmas. Just gone i hadacourtjudgement in 29 march 2016. And she dosent take any notice of it
Customer: replied 1 month ago.
Sorry to bother you. But i havent recived an answer clare will i have it today thank you
Expert:  Clare replied 1 month ago.

Sorry I am still a little confused

You wish to withdraw your enforcement application - is that correct

Customer: replied 1 month ago.
but i have cancelled it but m x parttner solicitor wrote to me asking me to put it in writing to them and to cancell origanal court order which i do t want to do have i got the right to cancell and do i have to responed legally to her solicitor
Expert:  Clare replied 1 month ago.

Right - again to be clear.

You are willing (indeed you have) cancelled the Enforcement - but you want the original Order to remain in place - is that correct?

Customer: replied 1 month ago.
do i have to respond. Or reply to my x partners solicitor or not i tookmyx to court. So i got right to cancel. Is that correct or not
Expert:  Clare replied 1 month ago.

How far had the proceedings reached and when is the next hearing?

Customer: replied 1 month ago.
The last hearing was for week s ago for an enforcment but we couldnt come to an agreementso the court made a new date 31 oct 2016. But i dontwant to go my x didnt adehare. To court order she saidgirls didnt want to come and makeing excuses. And she has poisend. My 10year old she has told her if you dont go with daddy mammy will have to go to jail. So i cancelled court nottoputmyoldest through any more upsetts
Expert:  Clare replied 1 month ago.

Ok

What will your position be if your ex applies to have the existing Contact order dismissed - will you then continue with the enforcement?

Customer: replied 1 month ago.
Dont know what. Would you do
Customer: replied 1 month ago.
Can she have it dissmised
Expert:  Clare replied 1 month ago.

Wel she can certainly apply - it does not mean that she will succeed

Customer: replied 1 month ago.
But have i got to respond to her solicitor. Letter and wiuld it be worth her tryin being she broke court order cab you give me some furm advice please
Expert:  Clare replied 1 month ago.

When did you last see the children and what contact are you meant to have

Customer: replied 1 month ago.
I get them in wed now in school fie hour and a half i gotthem today
Expert:  Clare replied 1 month ago.

Ok

When else should you have them?

Customer: replied 1 month ago.
Every wed 3 till 7 and every other. Week end over nite plus half the school holidays christmas day 3 till boxing day but my x didnt listen to court order she just said girls dont wsnt to c you and ther bad or there going away. You know. The sirt of thing now im down to hour and a half every wed in their. School to gain Chloe. Me eldest ones trust back there had never been any. Phisical or abusiveness. To my x. Or my children she just wants to spite me because ive moved on she broke the relasuonship up not me and the girls are the only wepon she. Got to hurtme
Customer: replied 1 month ago.
How much am i paying for this is it 18 aday or a week. Or month i havent a clue i didnt read the thing i just payed buy card
Expert:  Clare replied 1 month ago.

Why do you not wish to enforce the Order

(and I will ask site admin to ocntact you regarding the money issue)

Customer: replied 1 month ago.
Be9 its pointless. She never listend to the first one so whst is the difference. Bettween enforcment and court. Order she will.just say that girls font want to come or there ill like before so its a waste of money and time who can inforce the order the police and courts so that means its goung to uppset girls and i dont want that so if you got any other suggestions how to work around it i would b gretful because ivw spent a lot of money all ready and its running out thanks clare
Customer: replied 1 month ago.
Customer care can you ring me please thanks
Customer: replied 1 month ago.
Clare i haven't. Had answer to my question do i have to responed to my x is solicitor. Or not
Expert:  Clare replied 1 month ago.

Do you and the children enjoy yourselves when you are together

(there is a point in this I promise)

Customer: replied 1 month ago.
my youngest does shes 3 my oldest is 10 she used to love being with me but last 4 5 months she hates. Me she says i havent seen much of her for her to hate me and i have never hurt or laid a finger on her never been nasty ive given her everything. So i think her mother has poisend. Her or turned chloe against. Me she cant do to meg because she dont understand. Hate all those things shes to young
Customer: replied 1 month ago.
Infact i know my x has turned chloe against me my x is son told me but i dont want to involve. Him
Customer: replied 1 month ago.
I have cancelled. My membership. But it cost 18 pound and i still havent had. Answer. To my question y i dont know ive had answers. But not the answer for the question i asked.
Expert:  Clare replied 1 month ago.

It is not too late for your relationship with your eldest child - of you are calm and persistent you can rebulid it.

However even if you do not force the issue with your eldest there is no reason to forgo your overnight contact with the younger child - and on that basis if nothing else I would suggest that you rethink the decision to withdraw the enforcement.

All you need to say to your daughter is that of course mummy will not go to prison if your eldest doesn't want to come - she is a big girl and can decide but the baby is little and the court decides what time little children spend with their dad and her mum has to obey the court.

You certainly should not agree to the original Order being amended.

You are required to officially notify them that you are withdrawing the enforcement application so you need to write to the solicitors saying that you have decided not to go ahead with the enforcement to allow your daughter some space but that the original Order stands and you expect to see the youngest child in accordance with the court order and the older child on Wednesdays.

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

Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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