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how to I make an urgent application to court?

  • kidscomefirst
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04 Jul 12 #340980 by kidscomefirst
Topic started by kidscomefirst
Hi

I have a situation with one of my kids. It is complex and sensitive. What I can say is there are concerns over her state of mind and the situation needs to handled very carefully.

my child has asked me not to disclose info to her dad. The situation has warranted a reduction in contact for very good reasons which have nothing to do with the ex and everything to do with the child''s welfare.

The ex refuses to listen and refuses to even consider the new routine. He further indicates he will "find out from " what is going on himself.

The problem is this will only make it worse for the child who is 14. The advice from doctors etc is not to press the issue and take things slowly, to avoid putting the child in stressful situations etc.

The ex admits his discussion will mean the child is in a difficult situation but still intends to go ahead.

I took advice last night and the advice is until the ex decides to cooperate it is in the child''s best interest to refuse contact.

This is not what I want. I have always promoted contact no matter what (and there have been a lot of no matter whats) - but in this case the situation demands no contact happens.

The advice is to apply to the courts urgently. How do I do this?

TIA

  • dukey
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04 Jul 12 #341002 by dukey
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Courts tend to have a list of what they will accept as an emergency application, these applications are called "ex parte" if you call the court explain the situation they should be able to tell you if the application can be made and how.

  • Fiona
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04 Jul 12 #341041 by Fiona
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You would need to apply for a Prohibited Steps Order to prevent something from happening and an ex parte or "Without Notice" hearing for the case to be heard as an emergency. If there is a Contact Order it would need to be varied to change the arrangement but that wouldn''t normally be considered an emergency.

Form C100 to apply for a PSO or to vary a contact order is available to download from the Ministry of Justice website. If there are ongoing contact proceeding you would use Form C2. You would then take the form along with the appropriate fee to court where you would complete the application for the emergency hearing. Then it is a case of being prepared to hang about until a judge is available.

  • jumpingthroughhoops
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16 Jul 12 #343595 by jumpingthroughhoops
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Worth mentioning too that the courts can appear reluctant to agree to ex-parte hearing. You''ll be told they''re busy, won''t have time, they''ll contact you etc but be clear that you will wait all day if needed ad you will be seen. (take a book, you''ll have a long wait)

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