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