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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33536
Experience:  Over twenty-five years experience
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My child Arrangement Order is not working well. My ex is

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My child Arrangement Order is not working well. My ex is intimidating at all handovers, the children return saying things that make me think they are being told to not like me and my 4 year old is hurting herself through anxiety. I have applied for a non molestation order and am awaiting a final hearing of which there has been police disclosure. I am making the children available for contact as per the CAO but I am deeply concerned about emotional abuse towards the children as well as forms of abuse towards me at handovers and via the children’s contact book to undermine me as a parent. I don’t know what to do and feel so helpless.

If this is happening then I would also recommend that you apply to the court to vary the chid arrangement order. This application will be stronger if there is a NMO in place. The court will need to consider the way he is acting and either restrict contact or change handover. There is a very helpful cook which explains the process very easily and I have attached the link - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X

Very happy to answer any questions and please rate positive.

Customer: replied 1 month ago.
What form do I use to vary a child Arrangement Order? Would the court repeat a section 7 if I can evidence that the first time they did it, cafcass didn’t consider my safeguarding issues or the fact I am abused in front of the children at handovers. The issue I have is that there are no independent witnesses and it’s emotional abuse.

You would apply on a form C100. The court would usually seek a new s.7 if it considered that there were safeguarding concerns. You can tell Cafcass that they are when they contact you before the first hearing. They can also speak to the children. Please rate positive..

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Customer: replied 1 month ago.
When I send in the C100 to vary the child arrangement order, it is essential I send in supporting documents and a position statement/witness statement to get the ball rolling at this point? My GP is willing to write a letter about how me and my daughter's health has been affected, my Choices DV case worker is writing a letter in support with their concerns and also Early Help. This may take a few days to get all of these letters together but Social Services and Choices have encouraged me to consider stopping contact until this is resolved. I am worried about being in Contempt of Court by stopping contact as we have a child arrangement order in place now but the children are being affected by their current contact arrangement due to what I believe is emotional abuse to the children to hurt me and emotional abuse towards me in the contact book, text messages and emails of harassment and intimidation at handovers that the children witness.

Get all the detail to the court asap. The book is thus very helpful.