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Inderdeep
Inderdeep,
Category: Family Law
Satisfied Customers: 445
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I have a dispute with the father of my children, I need to

Customer Question

I have a dispute with the father of my children, I need to apply to court, the court has ordered a 91(14) against us, the court advised if we need to go to court again we have to apply for permission first, I am unsure what this involves or how to do it
Submitted: 16 days ago.
Category: Family Law
Expert:  Inderdeep replied 16 days ago.
Thank you for using just answer i will be assisting you today.
Expert:  Inderdeep replied 16 days ago.

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I will now deal with your enquiry and assist you as best i can.


Expert:  Inderdeep replied 16 days ago.

If the court has made a barring order against you Section 91A makes clear that in determining whether to grant leave to a person who has received a barring order, the court must consider whether there has been a material change of circumstances since the barring order was made. Therefore you need substantive grounds to apply if you have been barred. 

The courts will be required to consider carefully whether the circumstances that gave rise to the barring order have materially changed such that permission to apply should be granted. I would have to recommend you instructing a local firm of solicitors to ascertain if you have any merit to make a further application. 

Customer: replied 16 days ago.
I have a serious issue and need to apply to the court asap. I am not in a financial position to instruct a solicitor at the moment, hence using this site of advice. I am not sure which form to use or how to apply to the court for this, can you pls advise
Expert:  Inderdeep replied 16 days ago.
What is your application in respect of?  And do you have a copy of the barring order?
Customer: replied 16 days ago.
It is a Family Issue incorporating a CAO, the father of my children is continuing to breach the order
Expert:  Inderdeep replied 16 days ago.

Can i see a copy of the barring order?

Customer: replied 16 days ago.
I don't have it to hand but it states that neither me or the father of my children can apply to court again under a 91(14) until our youngest child is 16
Customer: replied 16 days ago.
I have managed to snapshot that section from the court order I have on email
Expert:  Inderdeep replied 16 days ago.

Thank you. When was this order made and what are the current breaches of the child arrangements order?

Customer: replied 16 days ago.
Oct 21, my the father of my children has made endless breaches all relating to the contact that was mutually agreed by consent. The father of my children has now taken one of my children out of my care and has just took it upon himself to decide he is now the main carer!
Expert:  Inderdeep replied 16 days ago.

You can apply to enforce the terms of the existing child arrangements order using form C79 https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

The barring order is in respect of applications for a child arrangements order, this application is technically in respect of a breach of an existing order and may fall outside of the scope, however as i do not know the whole history of the case and have only been provided with part of an order i would have to insist on you sending the court a covering letter requesting permission to apply to enforce the order and enclosing form C79.

Customer: replied 16 days ago.
We had a brief hearing the other week where the judge made it clear if either of us needed to apply to court we would need to apply for permission first. Ok I will apply with a C79 and enclose a covering letter for permission, I intend t just state why I have no other option but to apply even thought I am aware of the 91(14) would that be correct? Are you aware of any other forms etc.... I should include with my application.
Customer: replied 16 days ago.
I also advised the judge I need to report concern for my son and she advised I would need to complete a C1A can I attach this to a C79
Customer: replied 16 days ago.
Also can you please advise if you think I need to do a MIAM
Expert:  Inderdeep replied 16 days ago.
The C1A is in regards ***** ***** domestic and is usually filled at the outset of a child arrangements order, again you would need permission to do this. You could submit a form C2 and request permission in that form in addition to the covering letter.

A MIAM has to be undertaken before issuing proceedings for a child arrangements order, as there is already one in place from what you have told me then it would not apply and you would need the C2 for permission to apply and the C79 and a covering letter.

Customer: replied 16 days ago.
That is helpful, thank you