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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been to court Nov access was sorted with children dates

Customer Question

I have been to court Nov access was sorted with children dates etc because one child is in a contact centre they would not allow outside access until they got papers now the papers have come late all dates are not correct I was advised you go by the order and dates get rearranged to suit but my x has jumped weeks of the order and gone by the date on the papers so instead of starting off with a 3 hour contact outside he says it's a 6 hour contact? He now is refusing to see his daughter and is taking me back to court who is right please I'm distraught
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
Can I have reply by email sorry Julie.***@******.***
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Both you and your ex-partner must be abiding by the dates that are stated in the court order. If this is not being kept to then you can make an application back to court to enforce the order, if he is not keeping to it.
Enforcement can be made under form C79 to the family court that issued the order, as long as a warning notice is attached to the order. If no warning notice is attached you first need to apply for a warning notice under form C78.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 2 years ago.
Hello, I think I may have misunderstood your question as it was not fully clear, but having been informed by a colleague it appears that the situation is this: There was a Court Order which allowed for a gradual progression of contact - starting with your ex-partner taking the child out for three hours and building up from there, however the contact centre would not agree to it until they had the written order. There appears to have been a delay in getting the order which impacted the dates for contact and therefore there was no gradual increase from 3 to 6 hours So the plan was for a gradual increase but dad wants the six hours they should have reached by now. If this is correct then there is nothing to worry about. Please confirm.
Customer: replied 2 years ago.
Yes that is correct surely the order stays the same but dates get ammended
Expert:  Harris replied 2 years ago.
Yes, the timeframe for the gradual increase to contact would stay the same and the dates will need to be changed to reflect this. It is not in the child's interests for it to begin immediately at 6 hours a session.
Customer: replied 2 years ago.
Thank you very much I will get this confirmed by a solicitor the one I did court with may I just ask how and who amends dates please then you have put my mind at rest and I wish you a merry Christmas
Expert:  Harris replied 2 years ago.
The dates should be amended by yourselves by agreement with the father and explain that it was the court's intention for contact to gradually increase from 3 to 6 hours. The contact centre should be able to understand the position given the delay in obtaining the order. However, if they do not agree then you can submit a consent order signed by you and the father amended the contact arrangements, and this time instead of including dates, the provision may be better stated as "the first session to take place upon scheduling by the contact centre for 3 hours...." and then for it to increase as per the previous order.___Please rate positively if you found this helpful.
Customer: replied 2 years ago.
My x will not comply but the cc is aware of this but he now has cancelled cc aiming to take me back to court,and refusing to see his daughter,I will speak to cc this evening and maybe pay and have this drawn up by my old solicitor thank you for your help
Expert:  Harris replied 2 years ago.
OK, hope it goes well.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.