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  • zonked
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14 Sep 12 #355770 by zonked
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Your more than welcome.

If you say she lets the son decide then she''s going to work out that''s a bad thing to do and at court will come out with something different. On the form don''t speculate as to her reasons or motives, let her state them at court.



Example wording might be...

The contact order made on 1/4/11 states:

''the applicant father shall collect the child from the respondent mother alternate fridays and return the child to the mother''s home the following sunday''.

On 2 occaisions, 1/7/12 and 15/7/12, this contact did not occur. The last time x (child) had such contact was the weekend of 26/6/12 - at the time of writing the last time x (child) had court ordered contact was 12 weeks ago

Sadly, the respondent has felt unable to agree to continue the court ordered contact, she has however agreed to let me see my son for a couple of hours at her home on the 1/8/12.

I am deeply saddened by these events and believe X(child) needs the stability, routine and emotional security that regular contact provides. My hope is that the respodent will recondsider her position and allow this contact to continue, however, should this not be the case I ask the court to enforce the order.

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14 Sep 12 #355783 by Cherub3
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Great advice Zonked - good luck sleepy bird :)

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14 Sep 12 #355797 by sleepybird
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Thanks zonked you have been a great help x

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14 Sep 12 #355812 by sleepybird
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Sorry just another question.

If the ex back tracks after receiveing the court order application or even before that and does let contact go ahead as it should next weekend what would we do about the application?

We have written in the application what zonked suggested and that he hopes she will reconsider her position and allow contact to continue but if not then he asks the court to enforce the order etc.

What circumstances would need to happen before my partner should consider cancelling the application and would he get the £200 back?

I know that sounds wrong but he isnt in the position to fork out £200 for something that isnt needed.

My thought on it is it would still be beneficail for a judge to explain to her that son is too young to be making decisions about contact? do you agree?

Also, when the c100 was completed my partner didnt serve the application to her, she was sent a copy i think and she also had a solicitor then. Does my partner need to send her a copy or all copies to the court?

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14 Sep 12 #355837 by Cherub3
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Hi Sleepybird

If it were I...

to be sure I would go through with the hearing anyway.

Im sure its not a comfortable experience but given the background of what you have written I think everyone may sleep a little better afterwards. Otherwise you run the risk of having to threaten to enforce the order at every exchange and it could get even worse, this will certainly breed anxiety etc.

Perhaps use the court to support the child, I guess thats what its there for.

I would say it is in the best interests of the child involved to try and sort this situation as soon as you can, without ambiguity. Perhaps the respondent will be asked to pay the 200£ for the enforcement.

Good luck and I hope things get easier!! :)

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14 Sep 12 #355963 by zonked
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sleepybird wrote:

Sorry
If the ex back tracks after receiveing the court order application or even before that and does let contact go ahead as it should next weekend what would we do about the application?


If your ptr is somehow able to get contact re-started before the court hearing that obviousely be a great thing.

He and ex would still attend the court hearing.

The option of asking for enforcment of the broken contact order remains open to your ptr.

My feeling is a better position to take is to ask for the case to be adjourned with liberty to restore. Basically, the case is put on ice with either party free to ask the court to relist it in the future.

Ptr would say to the judge he was very happy that contact had been re-started and hope it represents a turning point. However, he dosnt know the future and remain worried about the situation. If there''s a chance that the ex and himself are able to move forward then he wants to take it, for the childs benefit, and is therefore asking the court not to take enforcment action. However, he would like the case adjourned with liberty to restore should the situation deteriorate again.

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