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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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To whom it may concern. Please can a legal advisor urgently

Resolved Question:

To whom it may concern.
Please can a legal advisor urgently review the court order made on 15.08.16 ref LE10P00470. At the time of the order the applicant was not willing to allow Niamh to travel by public bus from Coventry to Leicester unless accompanied by her sister. There was therefore a clause written in the order which states:
"For 6 months from the date of this order, on any day when Niamh is in mother's care, if she cannot travel to mother's home by bus with Millie, father shall arrange for the children's care until mother can collect the children from father's home before 5.30pm"
Unfortunately Niamh has fractured her foot and is unable to catch the bus as she is non weight bearing in a cast however the applicant is refusing to arrange for the children's care on the 4 dates in the next 6 weeks that I'm having issues with, on the advice of his solicitor. Unfortunately I represented myself due to financial constraints and therefore have not got a solicitor. He states "unless the situation occurs when Millie is in an after school club and Niamh is not, I am not breaking the court order by not collecting the girls on a Monday or a Friday". This was not mine or my mckenzie friends interpretation of the order. I'm now left in a position where I'm unable to pick up the children on 4 X Friday's over the next 6 weeks as I've managed to sort the other dates with tomorrow being an issue. Unfortunately the school closes at 4pm and as a nurse working for the NHS I don't finish until 5pm and live in a different county to where the children go to school. Please advise as I consider this a breach of the court order but not sure how I can enforce the order in an urgent situation like this as the children's welfare needs self guarding.
Submitted: 1 month ago.
Category: Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Are you able to attach the order using the paperclip icon please?

Customer: replied 1 month ago.
Sorry, I do not seem to be able to do this. However I can forward the Court Order as an email. Can you accept this? if so please give email address to forward to.Trevor R Kibble
Expert:  Harris replied 1 month ago.

I have now received the order and having reviewed it, nowhere does it state that the father is to provide care only in the terms he has set out.

The agreement specifically states:

"For 6 months from the date of this order, on any day when Niamh is in mother's care, if

she cannot travel to mother's home by bus with Millie, father shall arrange for the children's care until mother can collect the children from father's home before 5.30pm"

In the circumstances as there appears to be a standoff between you as to the interpretation have you considered a school bus, as Niamh is able, under the terms of the order, to travel alone on a school bus.

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

Harris, Law Specialist
Category: Law
Satisfied Customers: 1751
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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