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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5520
Experience:  Director and Principal Solicitor. UK
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I have followed advice given so far - as lockdown

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hello I have followed advice given so far - as lockdown restrictions were relaxed as of Monday, i am unclear how to move forward. I have contacted my exes solicitor in 25th may but have had nk response to date. my question is how to proceed from here or do u wait for his side to respond?
Customer: replied 1 year ago.
last solicitor advised getting a c100 form if my ex won't agree to any variation - the current order states to use mediation and not see matter referred back to court, as far as I could see the form is filed with the courts which I don't want to do

Hi thank you for your enquiry and patience. If the last order is older than 4 months then you have to engage in mediation again. If it is a recent order and you mediated for it then you would be able to proceed with your form c100. If you do not want to go to court then the only two ways are to agree by mutual consent through your ex's solicitor or to go through mediation. People end up going back to court not because they want to to but because sometimes it is the only last resort when the ex refuses to agree or engage. all the best

Customer: replied 1 year ago.
thanks - we didn't have mediation for the order the other side managed to bypass it. The order was not 4 months old when I initially contacted my ex to come to an agreement. The court order explicitly states they dont expect the matter to return to court. Am I expected to wait for their response or go ahead with c100? I don't want to breach order and don't want to return to court. I still have genuine concerns should my daughter spend a night elsewhere in terms of her contracting covid snd my safety when she gets home. Will they make her go to comply with cao?

You are welcome.I have sent you an offer for a call if it will be easier that way to cover your questions. With the current situation you have to make the decision that is in your child's best interests. We have not had a covid-19 pandemic before for the court to say the refusal to let her go to her father is a breach for which sanctions are to be imposed. You are not able to comply the order due to the unprecedented situation and that is why you are having to consider applying for the order to be formally varied. You will need to mediate if you have not recently had a mediation and if that fails you go to court. Judges do not wish for parties to keep coming back to court and they hope as adults you can discuss and amicably resolve issues however if you are struggling to reach an amicable resolution then you are not barred from going back to court, that is why the court is there for situations where you are struggling to deal with the other party

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Customer: replied 1 year ago.
Hello I have accepted the offer of a phone call which I hope will help me more. To add more information to the situation, I received an email from the solicitors in which they have offered solutions - neither of which are sensible and/or safe. One is that my daughter goes with my ex until September, the other is a week with him and a week with me etc until September. Give that I am shielding due to chronic health concerns and halted the current CAO for good reasons for mine and my daughters safety, these options make no sense - should she get infected if she went for a week she would return home and infect me and the virus would move back and forth. My ex's teenage son also lives with him and has been shielding for 12 weeks due to chronic health concerns.

Good evening. May you please provide me with your contact number via the link that should say "enter Contact info". I will then be provided this confidentially and call you. Through that same link you can suggest a time for me to call you tomorrow anytime after 11:30.

Customer: replied 1 year ago.
hello I sent contact details twice the second with a request for a phone call at 12pm gmt on the 10/06/20. It is now 12.10pm gmt. Can you let me know when you will be calling. Thanks

Good afternoon, I have been online from 07:00hrs and the details have not populated. Are you using the link that says contact info or you are sending through customer services? I am here for a few more hours so if I get the number I will certainly call you back.I will keep coming back to your thread to check.

Customer: replied 1 year ago.
Hello, this is in the thread we are using:
You sent your expert private contact info: phone***********I sent it twice through the contact info link and wrote the time for the call.
I am available now. (13.30)
Thanks

Thank you for taking the call. All the best