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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have an enforcement directions hearing next week, i am the

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i have an enforcement directions hearing next week, i am the appliant as my ex has stopped contact and we have a court order in place. what can i expect to happen, will the judge allow contact again, no position statements are to be given, what the her solicitor try do in the hearing (they stopped contact because they want name and dob of my new partner even though no stipulations in court order for cafcass to do any saefguarding checks on a partner)

My name is Clare

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

Is there a reason why you would not give the information?

Customer: replied 10 months ago.
firstly because the court haven't ordered it, secondly cafcass wont do safeguarding checks as the court havent ordered it, its irrelevant to her plus they could do anything with the info (apply for loans etc). as the cafcass officer said to they havent got the time to check every new partners history. and also there is no way it would be reciprocated.

Does your new partner live with you?

Does your new partner spend time with the children?

Customer: replied 10 months ago.

Then I am sorry but I will be very blunt

The court will have no sympathy for your position and will expect you to give the details that have been requested.

Your partner is spending time with the children and it is not unreasonable for your ex to wish to know the name.

The suggestion that they could apply for a loan with the information is going to be dismissed if you try and argue it (so please please don't)

had you given the name but not the date of Birth then I do not think the court would see that as Unreasonable - but as things stand you face a problem.

The best way out is for you to give the name as soon as possible - and tell the court that you had not realised how important it was - but still refuse to give the date of birth as they have no right to that!

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

Customer: replied 10 months ago.
I understand your point but when I separated I moved back in with my mother for a period where my son would stay and the same info was never asked by them of her. It’s just a reason to stop contact, I could have said nothing at all. Plus they are wanting “evidence” that I moved as another reason why they have stopped contact. When my ex moved it took her 3 months before she disclosed her address. It was the blatant lying from her solicitor that they will do safeguarding checks knowing full well they can’t that has caused this issue.

While I understand your anger the fact is that the Court will view your actions as Unreasonable

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
The fact of the matter is contact has been stopped for no reason hence why we are at enforcement. You can’t just work under a bribery system of where provide the info we want otherwise you don’t see your child. They have been provided with my address, told about who else is living here. Even if I did provide a name they still would have stopped contact because I didn’t provide a DOB. I could write a dissertation on what’s happened so won’t bore you. But thank you for providing your point of view and what the court make think so I can prepare for that.

I understand your anger but you have chosen the wrong thing to fight on.

get the name to them as soon as possible - arguing over your refusal to supply a date of birth will make their case weaker than it is now

Customer: replied 10 months ago.
I understand completely what you’re saying and if it was just a case of giving a name then it wouldn’t be a problem but even if I give a name they still wouldn’t be satisfied and then they’d be asking for confirmation it is actually her. So even if the court did think I was being unreasonable by not disclosing the name it’s irrelevant because even if i did I’d still be in the same place.

That may be - but you can strengthen your position at the hearing of you give the name now!

Customer: replied 10 months ago.
aside from that what will happen at a directiosn hearing for enforcement?

Not a great deal

Lote of talking outside as usual and then the Judge (if you are listed in front of one) may give a view and if no agreement is reached then directions given for statements for a final hearing

Customer: replied 10 months ago.
it could carry on where I still don’t see my son?

If you do not give the name or your partner then yes I am afraid so

Customer: replied 10 months ago.
How do i apply for a suspended residence order? Do I just tell the judge on Wednesday or is it a form to fill in, if so which one?

What do you mean by that?

Customer: replied 10 months ago.
I would like to propose to the other and the judge a suspended residence order so if my ex keeps breaking the court order to transfer residence to myself. How do I go about doing this as I have already submitted my position statement for the final hearing and the other side conveniently stopped contact the day after I submitted my PS.

Wait - so in fact the final Orders have not yet been made?

Customer: replied 10 months ago.
had a final order last year. ive applied to vary it, since applying to vary it the mother has broken it as mentioned above. so we have a final hearing for next month for these proceedings but i have already submitted my position statement - they stopped contact the day after i submitted my position statement for the hearing next month
Customer: replied 10 months ago.
had the enforcement hearing, went well contact resumed this weekend and judge was sympathetic towards me. we have another issue bubbling. i am due 5 days holiday in may in the court order, the mother has proposed 4. if she doesnt budge, should i pursue enforcement again?