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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7872
Experience:  Barrister at law
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I currently have a CAO in place, states dad can have

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I currently have a CAO in place, states dad can have in-direct contact only by letter 3 times a year.
I am unsure on his location and he has not sent a letter to the children for 3 years now. Hasn't seen them for 5 years.
Am I legally allowed to change their surnames now without contacting him (DV relationship- prison time served for him and a restraining order in place)

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

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If dad still has PR, despite the lack of contact, it is an application that needs to be made to court I'm afraid. It's a specific issue order application. You have a strong case on the history, but it is still something you need the court's approval for.

The application would be made on the c100 form, which is available in the www.gov.uk website.

An application costs £215 to make.

You will be exempt from mediation obviously, due to the criminal conviction and restraining order.

You could consider asking the court to list a without notice hearing (see section 6 of the form), meaning that you get to appear before a judge on your own to make the application with the father being notified after the event if you get the order in his absence. The court *may* consider this, in the circumstances.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

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Customer: replied 9 days ago.
Thankyou. I thought at much, I will apply to the courts in the morning. Will most courts have the hearing without giving notice to the other party?

It's a possibility - it will depend on the judge/ legal advisor who is in charge of gatekeeping application at the court. Make it clear that contact and reaching out to him bring s a high level of risk in the application form, in section 6. He can always apply to set aside or appeal the order of course, not that he would necessarily succeed, but this is the insurance the court has for ensuring due process is followed.

plclegal and other Family Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter