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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2856
Experience:  Dual qualified Solicitor and Attorney
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I have in place a court order that I see my child one week

Customer Question

Hello I have in place a court order that I see my child one week from Tuesday 3:15pm till Thursday 9am then second week from Friday 3:15 till Sunday 4pm so basically one week on one week off my daughter doesn’t have residency with me however her mother literally never sees her she asked me if I could help out wile she works
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: but this has become stupid now
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Hello I have in place a court order that I see my child one week from Tuesday 3:15pm till Thursday 9am then second week from Friday 3:15 till Sunday 4pm so basically one week on one week off my daughter doesn’t have residency with me however her mother literally never sees her she asked me if I could help out wile she works now to stop any arguments I agreed to collect her after school every day till 6pm but sometimes her mother doesn’t turn up till 9pm by then I have fed bathed and put her to bed as she has school in morning then we have weekends I’m almost having her now every single weekend her mom only saw her for just 2 days over Christmas yet it was ordered we should have equal time in holidays it’s like she doesn’t really want her that’s how it feels and I don’t know what to do about it she wants me to pay maintenance yet she practically lives with me what can I do I’ve tried talking to her about this but but she then just drops her daughter off with someone els HELP
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: NO THATS GOOD
Submitted: 11 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 11 days ago.
Hi thank you for your message would you be agreeable to changing the order so you have sole custody and the mother just sees her?
Customer: replied 11 days ago.
Yes I would but this will NOT go down well with her mother who has been arrested for fighting police she is a big girl who spent most of her life in the care system she knows exactly how to play the system the social services have been involved with her because of mental problems and the crocodile tears worked wonders for her last time in court that’s why I didn’t fight it last time but now it’s been to court she thinks she can do what she wants I’ve got my daughter now she’s supposed to go back tomorrow at 4 and she’s messaged saying she’s working so I iver have her till Sunday AGAIN or she get someone els to have her!
Expert:  Jeremy Aldermartin replied 11 days ago.
Hi thank you for your message, I understand so just make a record of say the last few months visits showing when your ex was supposed to have her and showing texts if you have them showing her cancelling if you dropped her at school try to speak to school to see if a member of staff will confirm you have been dropping her off and not her mum so you have as much evidence as possible. Then apply back to court to vary the order. You will need to fill in this form: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order
read the guidance here to assist you: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5
Send it to the court nearest to you that deals with cases involving children, you can find it here: https://courttribunalfinder.service.gov.uk/search/
It costs £215. The court will look at the facts again to see if anything has changed. If it has as here they can vary the order. They can also order your ex be punished for not obeying the order. they might make: an ‘enforcement order’ - this means the ex-partner has to do between 40 and 200 hours of unpaid work, an ‘order for compensation for financial loss’ - this means the ex-partner has to pay back any money you’ve lost because they did not follow the order. You can go back to the court if the ex-partner still does not do as the court ordered.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.