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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 190
Experience:  Expert
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After a set of hearings, London England, none, yes

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After a long set of hearings
JA: Where is this? It matters because laws vary by location.
Customer: London England
JA: What steps have been taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes

Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you clarify your question so that I can best advise you, what hearings have you been involved in?

Customer: replied 6 days ago.
I have 50/50 custy of my children by way of court order. The court order include provisions such as - both parents need to be informed of medical appointments. Each should not visit each others house. There is also set out days of the year that children stay with each parent.Recently the Ex has broken almost all of the provisions. Most notable
We are suppose to split the holidays in half. She never shows up or claims it is a different dateShe took our 4 year old for medical testing that affects the rest of his life and got a diagnosis. This was based mainly parent obersavation. She lied to the doctor and said I barely see my children (meanwhile, i've had the children 2x more than her this year).She shows up at my house...She has been seeing a therapist for years, and recently she told me her mental state is getting worse. I fear that this is causing huge damage to the children as they are starting to have behavioural issues.There is a 91-14 baring order on the case. What can be done regarding breaching of the order, and how can i get my child reassese
Customer: replied 6 days ago.
for a correct diagnosis. I think it is time the court appoints myself as lead parent to avoid this chaos

Thank you for the clarification, as this is a family matter this is outside the scope of my expertise therefore I will opt out to allow another expert to pick this up.

Hi, I am happy to help you with your enquiry today.

I would like to confirm if it is a family court order? If it is, then it is possible that your ex partner has committed a serious breach and may be held in contempt (she may be fined, or have her assets applied for the benefit of the children). You may attempt to have a strict enforcement of the court order by having a CAFCASS officer to monitor compliance with a child arrangements. You, as the innocent party, may also make an application to the court to enforce the order or have it amended to suit the present circumstances.

Customer: replied 6 days ago.
it is a family court order. I think first I would need apply for permission - to get through the 91-14 baring order.. how would I do that.. and how would I get CafCass involved?

As to your enquiry of getting sole custody of your child, it is important to note that it is a child’s legal right to have access to both parents in their life. A parent cannot stop a child from seeing the other parent unless access will be harmful for the child’s safety and welfare. The child’s welfare and safety should be the primary consideration in these cases.

Hence, if you wish to gain sole custody of your children, it is important that you have sufficient evidence to show that the continued presence of the other parent is dangerous and harmful to the child's safety and welfare. You will need a substantial amount of evidence to prove this.

Customer: replied 6 days ago.
I do not need soul custody, just lead parenting, and maybe lessen the time the children spend with her until she is mentally sound

To have the CafCass involved, you still need to apply with the court who issued the family court order. The family court will be able to issue a Family Assistance Order requiring a Cafcass officer or an officer from the Local Authority to “advise or assist any person named in the court order".

I see, even if you seek to have lead parenting over the children, the same standard applies - the welfare of the children is the standard that is always used by the family courts in resolving these cases.

Customer: replied 6 days ago.
what forms do i need to fill out to start the process..
1. To apply for permission (9114)
2. To possible get the mother psychologically assessed
Customer: replied 6 days ago.
hi still with me?

Hi, yes. I am still with you.

Under the Children Act 1989, in order to vary an existing court order for access, a Form C100 will need to be completed. This is the same form which is used to make an application for child arrangements. The form is available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

Customer: replied 6 days ago.
before a c100 can be done, permission needs to be sought.. this is because there is a 91-14 baring order. do you know the name of the form asking for permission to issue a c100?

Bear with me as I will get to you the information needed. Is it ok to come back to you this afternoon?

Customer: replied 6 days ago.
not a problem thanks

Ok, because of the 91 -14, this process is very intricate and would need to be reviewed in full by way of a consultation. Would you like me to give you details on how to locate a family law solicitor close to your home address?

Customer: replied 6 days ago.
please

Hi, you can search on here via your postcode: https://solicitors.lawsociety.org.uk/

Make sure to select family and relationships dropdown.

Please do not hesitate to contact us in future.

MARTINT330,
Category: Law
Satisfied Customers: 190
Experience: Expert
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