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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33977
Experience:  Over twenty-five years experience
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I have a court in place for contact with my child. the

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Hi,I have a court in place for contact with my child. the mothers solicitor has just emailed me to say contact will be suspended as i have not provided any evidence that i have moved. i have declined to give that information as it is not in the court order. they have my new address and have been told who i will be living with which is just my partner (they want her details as well) can they unilaterally suspend contact like this and what is my position? secondly how can i deal with this? call the police? get an emergency court hearing?
No they can not and should not unilaterally act in this way. They need to apply to the court to vary or suspend. They haven’t done this and you would need to apply to enforce the order and seek compensation. You’d thus ask for an emergency hearing (form C79). The police will rarely act in aftaid. Happy to discuss but please rate positive
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Customer: replied 3 months ago.
we already have a court process going on and are due back in court for the 26th june, how do i get an emergency hearing with an already ongoing process

I would make a C79 application and on the form stress the urgency and that you would like a hearing next week.

Customer: replied 3 months ago.
they have also said this in their letter:
"an additional requirement as anyone that Oliver will be staying with, will need to have safeguarding checks carried out to continue to safeguard Oliver. These are mandatory requirements of the court and they need to be carried out for the contact to continue."
this is not stipulated in the court order and when i stayed with my mother following my seperation with my ex there were no safeguarding checks done on my mother. so is it mandatory these safeguarding checks are done?

They are not mandatory requirements of the court. Ask them to show you where in the Children Act they are mandatory.

Customer: replied 3 months ago.
i am sure stating the obvious and i think i asked you this the other day, unless the court order stipulates then i do not have to provide evidence for the address of my new property?
That’s correct
Customer: replied 3 months ago.
yesterday i submitted my position statement for the final hearing along with evidence, how do i submit evidence to court after i have submitted my position statement and what do i tell the ex's solicitors that i will be submitting evidence after the position statement has been sent.

Thats correct.

Customer: replied 3 months ago.
i can write to them this afternoon saying i will file there letter from this morning with the court? how do i file it at court
thanks for your help and i have ordered that book it just hasn't arrived yet!

Just send it in to the court

Customer: replied 3 months ago.
The ex and her solicitor are using “safeguarding” reasons as to why contact has been stopped. Even though they have no specific issues or allegations made towards my partner. Can the court justify a stop to contact with a court order in place on these grounds.

Not without specifics no.

Customer: replied 3 months ago.
hi, i have been allocated an enforcement directions hearing. what will happen during this, what will i be expected to do and what will the other side try to do during it. we have not been asked to provide witness statements or evidence.

Firstly the book will really help here. They will investigate the breaches of the court order.

Customer: replied 3 months ago.
i am assuming judges can put suspended residence orders in place? so if the resident parent breaks the order or continually does how severe does the case have to be and how common is a suspended residence order? thanks
They would not usually make such orders unless they considered it in the welfare of the child but there is no harm in making this application where there has been breaches.
Customer: replied 3 months ago.
do you ahve to apply for it seperately or can you propose it to court as part of existing proceedings so i have my enforcement directions hearing on wednesday can i propose it then?
You should apply separately for it, but raise the issue on Wednesday. Some courts will allow for it to be dealt with on Wednesday
Customer: replied 3 months ago.
What form is it then to apply for a suspended residence order.
You would need to apply to vary the order on form c100
Customer: replied 3 months ago.
Well we have a final hearing set for the end of next and I submitted my position statement last month - they stopped contact the day after I submitted that (conveniently). So how do I inform the other side and court that I propose a suspended residence order.

I would file a C100 with the court and serve on the other side.

Customer: replied 3 months ago.
do another new c100? Wouldn’t the other side and court object for putting in a new application with proceedings already taking place - can’t I just file my proposal with the court and the other side?

If you are doing it properly then its a C100.

Customer: replied 2 months ago.
if there is a section 91 in place can you still go back to court for enforcement if there is a breach in the order?

You can unless it is specifically prohibited in the order that you can't,.

Customer: replied 2 months ago.
i had an enforement hearing last week because the ex stopped contact, anyway it went my way but i am due 5 days holiday this month as per the court order but shes only giving me 4. shall i go reapply for enforcement on this if she sticks to 4 days or will the court not be sympathetic to me this time.

You are simply entitled to your 5 days

Customer: replied 2 months ago.
she has proposed the 5 days start on wednesday at 10am, finishing at 5.30pm on sunday. my arguement is it should be 10am monday (as thats 5 days) in when contact should end. who is right? considering that i had 3 days holiday last month and they went from 5.30pm on the friday to 5.30pm on the monday.

Yes. Completely

Customer: replied 2 months ago.
i am right? and if she doesn't budge can take her back for enforcement?

Yes you can.

Customer: replied 2 months ago.
The other thing she’s accusing me of is mental abuse - so for eg because she doesn’t say what he does I ask her, to which she says that’s me controlling her. How do I defend myself in court over stuff like this and tonturn it around against her??

I am very happy to help but this is now a new question and has to be resisted so that I can help

Customer: replied 2 months ago.
No probs not urgent anyway. Back on topic with these holidays, what if I took the 4 days so my son can at least have something but still apply for enforcement how would the court view that. Considering the 5 days haven’t been fulfilled. Will they (court) accuse me of trying to have my cake and eat it?

If the order says 5 days then you are allowed 5 days. That is the purpose of the court order.

Customer: replied 2 months ago.
ok, so i could do the 4 and still go back for enforcement?

Yes. Very much

Customer: replied 2 months ago.
Ok so she is sticking to her guns that the 5 days are 10am Wednesday to 5.30on the Sunday. I have completed a c79, shall I take this days and tell them I intend to take them to enforcement or not take them and do enforcement. I’m a bit concerned that if I take them and do enforcement the court will see me as trying to have it both ways.

Yes. I would.

Customer: replied 2 months ago.
What would you advise I write to her solicitor saying? That I will do it but will do enforcement as not 5 days. Will they not say well you can’t agree to do it then do enforcement?

I would simply (and this is really a new question) that your client is in breach of the order. I shall take the child for 4 days but I reserve my position to apply to the court for enforcement.

Customer: replied 2 months ago.
Right, I was meant to have my son today and I have these holiday days starting on Wednesday (for 4 days, should be 5) the court order states that the regular weekend contact schedule is suspended during holiday time. Obviously with today being a weekday she’s broken the order hasn’t she?

She has yes. As these are new questions you are going forward have to raise new questions. Thanks