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Going back to court

  • wispy11
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29 May 12 #333791 by wispy11
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Hi

I have been to court and got a "No Order" order from the court in regard to contact and residence of my children . The Mother of the children is being very awkward by not informing me of changes in visits by the children until the last minute . There is also an issue of there being no williness on her part to allow the children to stay over on school nights , although I live closer to the schools they attend .
We represented ourselves in court and the Order was not fully explained along with the route to take if it was not adhered to. I''am fully aware of the of what the Order means but the other party by her actions clearly doesn''t . How do I get this resolved and back into court if needed ??

  • jonathancj
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29 May 12 #333819 by jonathancj
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unfortunately you may need to make a fresh application if this was a final order. It will need to be for a defined contact order, the Court''s leaving it to your discretion having failed to work.

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29 May 12 #333830 by wispy11
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Hi

I really want to avoid the fixed contact order as it is not in the best intrest of the children . The children having the ability to choose how time is spent . The last minute contact informing me of changes is being done for only one reason . When speaking with the children the plans were known days ahead of the information being provided to me . A contact order would stop this happening but would remove the freedom of choice from the children. Does a decision hearing fit the bill of what I''m after ?? how do I get to go on that course ??

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29 May 12 #333844 by jonathancj
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I appreciate it''s less than ideal, but the usual order specifies the minimum contact and then says "and such other contact as the parents may from time to time agree". This means that the children can have extra contract. As to the procedure, check with the Court which was dealing with it but I suspect you may need to fill in a C100.

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29 May 12 #333851 by wispy11
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Hi

Prior to the "No Order" order the childrens Mother was with the support of CAFCASS was trying to enforce 2x 2.5hrs contact on week days and everyother weekend for overnight stays. Since the order the children have choosen to come from school until 8:30pm when they return for bed to the mother .This means that I have the children on 11 of 14 days with 2 of them being sleep overs .The children are voting with their feet but are being prevented from overnight during the week by the mother . Going back to court will I believe involve CAFCASS and they couldn''t have had the situation more mis-understood than they did last time . My fear would be that their involvement would cost me time again .
Is that a risk I just need to take ??

  • Fiona
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29 May 12 #333855 by Fiona
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You need to be careful about upsetting the applecart. Like parents judges and CAFCASS have different attitudes. There is always a risk a judge might agree with your ex that overnights on a school night are disruptive so the outcome could be seeing the children less frequently.

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29 May 12 #333863 by wispy11
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Hi Fiona

Thats my biggest worry . I read up on the court ruling but don''t believe the Mother has, her way of behaving seems to reflect this. Without wanting to sound childish I want someone to tell her what she can and can''t do and make her aware of what could/would happen if she plays games . The differance in the children is huge now they feel that they are able to choose and to risk that !! Do I just have to put up with her restrictions and say/do nothing ?? It feels wrong !

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