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13 Sep 15 #466677 by Ju2009
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Hi I have received court papers regarding my daughter, who at the moment the judge has awarded the father a child residence order.
Also it states my partner can not have any contact with my daughter,
It states this order can be removed on paper. Does anyone know what that means, please

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13 Sep 15 #466678 by naziam
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Did the father get this order "ex-parte" as in you were not in court to defend the order ?

Does it say a split in how the residence is organised as in X nights with her father and Y nights with you ?

You partner then cannot have any contact with your daughter.

If it''s an order from the court you can apply whenever you like to have it varied or dismissed. If the order was an emergency order granted ex-parte then the assumption would be that you would apply to have it varied or dismissed and you will then have your chance to put forward your suggestions for residence and to argue why your partner should have contact with your daughter, until then you need to follow the order otherwise you personally will be in contempt of court which can be punishable by imprisonment.

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14 Sep 15 #466753 by Ju2009
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Hi Naziam,
In court a residence order, which had already been in place, stayed the same. Contact was increased to 3 hours a week, but still to be supervised by my parents, who are in their mid seventies.
But the judge said we need a back-up to my parents, however the fathers solicitor had already got it in writing from the local authority, that my partner is unable to see my daughter.

Judge didn''t order - but agreed a back up was needed, and recommended to the social worker their a risk assessment be done on my partner.

Children services/local authorities have told me the case is closed to them, also carcass, and will not open it again.

I understand that if I wanted my partner to supervise it would have to go back to court.

Do you think it is best writing to the courts to have it removed, then if that is successful going back to court for a variation in the order for partner to supervise.
My worry in taking it back to court is the judge said I do not want the mother taking it back to court till I have done recommendations which I am.
However I wouldn''t be asking for residence to be changed, till further down the line.

My worry is I don''t think any judge in the land would give me my daughter back, even if I have addressed all issues, if I am still being supervised.


Judge also recommended mother needed a family worker to progress contact, supervision. This also was refused by Children Services.
As the way the papers were worded, re risk assessment and family worker was recommendations only, not orders of the judge.
Sorry my response so big, any advice much appreciated.
Thank you

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14 Sep 15 #466759 by naziam
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If your goal is genuinely to have a backup for child contact supervision beyond your parents then why not look into contact centre''s or some other neutral situation that does not involve your partner as in it''s coming across as odd that the father has gone to the lengths to get a court order to ban your partner from having contact with your child and succeeded but this seems to be the only option you can think of to put forward.

I am not a lawyer so I cannot really say anything specifically as to what you should or shouldn''t do but generally if you start taking people to court when you''ve been told not to then you could wind up getting costs made against you and it''s very unlikely you would succeed.

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14 Sep 15 #466768 by Ju2009
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Hi Thank you for your reply, and advice you have gave me.

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