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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My brother has had a contact order in place to see s

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My brother has had a contact order in place to see his children every 2 weeks for weekend visits. His ex partner has constantly broken the contact order over the past few years. The last straw came when she moved without warning to the other end of the country ( a*****from where he lives ). She gave no notice to the school or social services. Social services have been involved because they have concerns about her care giving. What are the chances of getting the contact order enforced?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children and is he named on their birth certificate?

-What are the arrangements for contact?

-Have social services indicated their position and what they plan to do?

Customer: replied 1 year ago.
the children are 2 boys aged 6 and 9. My brother is named on the birth certificate. the arrangements for contact are that he picks them up from a contact centre on Fridays after school and brings them back on Monday mornings to school. Social services have told him they only found out because they needed to speak to her about the state she sent the boys to school in. ( dirty uniforms and tattered trousers ). The ex partner told SS that she was actually moving as they were speaking. They have told my brother they will hand the case over to Cornwall social services. They advised him to get legal representation but that he can phone the police only after he goes to the contact centre and waits for her to show up. I guess because until she actually breaks the order with a " no show", she hasn't officially broken the order yet. The next scheduled visit is for tomorrow around 4pm.

Thank you for confirming. As he is named on the birth certificate he has parental responsibility and the mother should have consulted him regarding the move. Given that she has just picked up and left without notice or agreement he should consider urgently applying to court for a specific issue order (to return to the area) and enforcement of the child arrangement order. This can be done using form C100 (and a £215 court fee) and form C79 (and a £155 court fee) respectively. Given the urgency he can attend court in person and ask for a without notice hearing to go before a judge the same day.

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.

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