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Lawyer21, CILEx Lawyer
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I am looking for some advice around a child arrangement

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Hi, I am looking for some advice around a child arrangement order. Currently the father sees my daughter every Sunday from 3.30pm until Tuesday 5.30pm. He’s stated he can’t care for her Monday/Tuesday and is putting her in nursery. I have stated that I don’t want this to happen as she already attends a nursery and is meant to be spending time with him. If he is unable to care for her she should return to where she resides.. with me. I am also on maternity leave so I can look after her. He has refused and won’t let me know where this nursery is. Is he legally allowed to do this without my consent?. Thanks
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I’ve reapplied for mediation
Assistant: Have you talked to a lawyer about this yet?
Customer: I have but he’s busy and is going to call me back tomorrow
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: just That the order specifies that’s I must make my daughter available during those times ‘to spend time with the father’

Hi How can I help?

Customer: replied 6 months ago.
I’ve sent the question above
Customer: replied 6 months ago.
I need a family lawyer

The purpose of the order is for your ex to have contact - not to breach it and for the child to attend nursery when she is already at Nursery. If he is not doing what is on the order he is breaching the order and essentially contempt court.

Firstly sorry to hear about your circumstances.

If the Child arrangements order is broken - this is contempt of court and is a legally binding document.

Make an Application to Enforce a Contact Order

If your child arrangement order was issued on or after the 8 December 2008, it will contain a warning notice about the consequences of failing to comply with its requirements.

If the contact order was made before this date, it will not contain a warning. If this is the case, you must make an application for a warning notice to be attached to the order before you can apply for an enforcement order. The form is C79

You can also apply for a Specific Issue Order

If you find that, you are meeting obstacles which deny your parental rights, you can apply for a Specific Issue Order if:

  • You want an Order relating to specific issues of how your child is being looked after by the other parent
  • You cannot reach an agreement with the other parent
  • You fear for the general wellbeing of your child.

Thank you

Are you there?

Customer: replied 6 months ago.
Thanks for your helpn
Customer: replied 6 months ago.
Customer: replied 6 months ago.
I wasn’t sure if he was breaching it by putting her in nursery

If she was not in nursery and he was putting her into nursery - you have every right to know the name of the school/details and for your name to be added on the school records/emergency contact.

Thank you and enjoy rest of your evening

Before you go, I would be grateful if you could give me a positive rating by clicking on the above and press submit - I would appreciate it

Customer: replied 6 months ago.
Of course, can I ask one more question please
Customer: replied 6 months ago.
Am I allowed to stop contact as he has broke the court order?
Customer: replied 6 months ago.
He won’t even tell me what the nursery is called

You need to tell him that he is not complying with the terms of the order - he must tell you the nursery. You should also wait the outcome of what your lawyer will say tomorrow. Thanks

Please do not forget to provide a positive rating.

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