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What exactly happened?
Have you received a copy of the Order yet?
I need to know what the exact wording was
No I am trying to work out how the hearing went off.
I still do not understand why you did not settle for the date with the District Judge - it is what you needed
I understood what you were applying for - what I do not understand is why you settled for less?
I am afraid that that is indeed the problem.
You agreed to a Consent Order which means that appealing is not practical - although frankly I feel that the Magistrates pushed you into this.
The only option I am afraid is to issue an further application and ask for an Urgent hearing - and be absolutely honest and say that you did not understand that the agreement that you made would close the application
next time take a Mackenzie friend with you!
Yes it does I am afraid - and Urgent on the basis that in fact it is just a continuation of the previous applictaion
Whilst some Mackenzie Friends can be of help, where you are dealing in matters which are clearly so very important - children and the time you spend with them - I would always recommend going with a solicitor or indeed a barrister (you can usually go directly to book a barrister) to these proceedings. They don't for a start get bullied by Magistrates. I know they are often more expensive - there are also great books on Amazon on how to represent yourself in the family court. Happy to discuss.
As we have already discussed I am aware that you cannot afford either a Barrister or a Solicitor - and I fear that book will not help you with being strong when they bully you!
I really appreciate your financial difficulties - but you will be aware that if you can get a barrister or a solicitor it will greatly improve your chances. Happy to discuss and please rate positive
what questions do you have?
I am afraid not. They would keep it before magistrates I am afraid - hence the need to push and be proactive. Happy to discuss
The magistrates have the power to transfer the matter upto a district judge on a variety of reasons - one being complexity. So you can ask for the matter to be transferred up. As mentioned before it is always better to get a barrister or solicitor if you can afford it. There are very good books on amazon on how to represent yourself in the family court. I always think it is better to be as forearmed as you possibly can in these cases. Happy to discuss. Please rate positive
What actually happened was that the matter was being listed to be hear by a District Judge but you felt pressured into an agreement
This led to a Final Order being made - which is why the Magistrate spoke about enforcement.
Assuming that you make the applictaion immediately then you can ask that the matter is referred to the District Judge since this is what the Justices had already directed PRIOR to the agreement
My apologises. My colleague did not realise I was helping you. If you have any further questions please advise
The court will send the order which has been agreed at the last hearing. So the 6 hours rather than the 4. You are applying because you want an increase and you thought that this would happen.
Yes it would be helpful to send copies
However the reason you are applying is because you did not understand that the agreement that you reached that day would end the application to extend contact - you simply thought that it would enable contact to restart while your full application was considered
If you do move what contact would you be looking for?
My apologies for the delay.
To be frank it is now too late to make the applictaion that I originally suggested as it has been over a month since the order was made - indeed it is closer to two months and the whole basis of your application would have been that you realised immediately that you have been bounced into something you did not understand.
When you do apply for your overnight contact then if your circumstances change you will have to apply to vary the order
If you fear she will move away with the child you can seek a Prohibited Steps Order to prevent any change of school without your being consulted.
With regard to the missed contact her bad back is not an adequate excuse as she should arrange for someone else to bring him
Just to clarify - there is an existing Order for Contact that she is currently breaching is that correct?
Apply to enforce it immediately
At this stage simply apply to enforce the order using a form C79
It could not be an enforcement applictaion as you cannot enforce an unspecified increase - you needed to make the applictaion so that it included a specific provision for overnight contact and overnight contact was what you wished to achieve
You have sufficient details to apply to enforce the agreement reached at court - so apply as soon as you can - and add a note saying that you have yet to receive the actual order
There will be a hearing date set.
At the hearing she will be reminded that she has to obey the court order and told that if she does not then she could face imprisonment
It is unlikely that anything more will happen at that hearing.
Yes you must be there as it is your applictaion
If you are not there then the application will be dismissed
You can raise the issue of extending the contact at the hearing - although her solicitor will say it is not the right time BUT you can point out that her behaviour makes it clear that she will never progress contact herself
The Courts will not think that.
Since you are aware of the bullying risk it would be best not to attend alone
I understand that.
Primarily it is an enforcement applictaion but the court does have power to make any Section 8 Order it wants - so you can use the chance to tell the court that it is clear that your ex will not arrange overnight contact with out an order and ask them to order it to start on a specific date with collection form school on the friday and a handover on the saturday
It is no disrespect to you but you might be better with a barrister as you are simply too nice!
I thought the agreement was turned into an order?
Did they give you a copy of what happened last time
Please do not misunderstand me when I say you are too nice to ever go to court without support again!
Ok lets reprise
There is a court order in place relating to ocntact made at an earlier date isnt there?
But there was an EARLIER order wasnt there?
Oh Kamal yet again - please never go to court alone again - they walk all of you which makes me very very angry.
Again the wording of that Order is practically unenforceable.
You do indeed need an urgent hearing.
This will be based on the fact that
1. You did not understand that by agreeing to do as the magistrates suggested and negotiate your applictaion would be counted as withdrawn.
2. You did not understand that the wording of the Order made in December last year meant it would be almost unenforceable in terms of the agreed progression
3. Your ex uses every excuse to stop contact.
Yes Kamal it will be a C100
No it has to be on notice I am afraid
Is there anything preventing you from going to school activities?
You are fully entitled to speak to the school; to ask for copies of all reports and to attend parents evenings and any other events.
You are seeking a child arrangement order for set times for contact - alternate weekends Friday to Monday one evening in the week and half of all school holidays.
Unless you know for a fact she is moving away you cannot ask for the Prohibited Steps Order
As you should know by now nothing can be started at the first hearing unless you both agree.
By all means negotiate - but please do not let yourself be bullied!
It is all good
Stay calm stay clear and apologise for not understanding what was happening last time!
The CAFCASS part is just standard - the phone calls and checks etc
In the negotiations ask for the interim contact - and get the court to make the Order!
Do you wish to stop seeing your son?
is the £180 child or spouse maintenance?
There is no legal loop hole.
If you stop paying then at any time your ex can apply to the CMS (new CSA) and get an assessment done - and i am afraid that the CMS do not get involved in terms of dealing with contact.
More to the point your ex will be able to show that you agreed to not see your child if she did not claim maintenance which will cause you major problems in establishing a relationship either now or in the future
When is the hearing and how far does she live from the court?
Then write to her solicitors and point out that they can represent her at court and that given the clearly serious nature of her problems then someone else is no doubt dealing with the school run and can deal with bringing the child to ocntact
It is unlikely that the court will accept this - unless she is indeed in hospital on bedrest - and i am willing to bet she is not
I hope all goes well
I am speechless at her disregard for the court - and the needs of your child.
I assume that you physically have the card - if so then I would attend Court on Monday and produce it
Given the fact that the CAFCASS officer has pointed out that she could clearly drive last week it will be interesting to see what approach
the court will take to what is clear contemptClare
It would be sensible to write a position statement setting out what has happened and what you know. - including details of the marriage
Certainly also check if your son is in school
It is not always possible to get what you want straight away - sometimes you have to let the layers build up so that the Court have a true picture of her behaviour.
Orders may be made which can be enforced when she returns to the UK
This is awesome - what a wonderful tribute to your persistence
A Prohibited Steps Order would indeed be a good idea!
Did your barrister not do a good job?
I am afraid that there is no action you can take against them as they do not act for you - however remember you beat them - and that is the best revenge of all
The Judge will have noted this.
However you should not delay the application for the PSO - Urgent does not mean two weeks later
Yes that timing is fine
You are asking for an Order that she does not remove the child from the Uk without your agreement or an order from the court
The issue of you taking the child abroad is a separate matter to be dealt with by way of a Specific Issue order when you have some specific holiday plans
It is likely to be the same judge - indeed you can ask for the matter to be reserved to that judge
All of that is covered in this phrase
she does not remove the child from the Uk without your agreement or an order from the court
"no change of school without the agreement of the father or an order form the court"
You will need to apply for a Specific Issue order for the holiday
That comes under the not to remove from the UK one
The change of school is separate
Your ex cannot change the child's name without your agreement or a Court Order - no need to do anything else
The third thing you are asking for is
"a Specific Issue Order allowing the applicant to take the child to India for two weeks each year/in 2016
I am afraid that there is no order that can be made excluding her right to claim Child Maintenance - and however it is set up she will always use any such agreement against you
A CMS (CSA) claim cannot be backdated to a date prior to the first assessment being made - but this would be a very unwise move
If you move to America the CSA will not be involved - but the Court can set the maintenance and it can be enforced in the States
Correct - for the first part
The second - just remember the States take a more robust criminalising approach to child maintenance!
I believe some states make it a crime but my knowledge is limited
The police cannot help you - so do not call them - and do not go to her home unless that is where handover is meant to take place
The application to enforce the Order is a C79 not a C2 - but do get it in - I suspect the Judge will be looking out for it
Not easy no I am afraid
You have to work at the pace of the child and the court
However you do have the sympathy of the court and she does not so it is likely that the court will enforce the newest order immediately
Make the enforcement applictaion regardless - you were there and know what the order said.
If you are no longer able to commit then yes you will be better off waiting
Well done on what you have achieved - and get that enforcement applictaion in as soon as possible
It is not impossible that you will get a Costs Order bearing in mind the approach of the Judge so far
You ask for it at the hearing!
You MUST enforce the order straight away - failure to do so will mean the Judge will question your commitment.
If the child maintenance order has been in place for more than 12 months you can apply to the CMS to complete an assessment - you will have to pay 13% of your gross income
You cannot simply reduce or stop payments - the Court Order can be enforced.
You are not currently entitled to an Injunction based on what you have said
Yes - and the figure is 12% not 13%
The legislation was in 2012 and it rolled out in 2013
Have you enforced the Contact Order?
Issue the enforcement straight away
Ask the police if they intend to take action on the waste of their time
You can certainly mention it at court - and say that if there is a further incident you will be applying for an injunction
There is no compensation you can apply for other than to ask for costs
Then you will plead not guilty and the matter will come to trial.
This is not linked to the contact and you must enforce the order
The letter suggests that you are going to be charged.
Any threat of legal action that you make will simply help her look like the defenceless victim
Concentrate on your contact and enforcing the order
You must make a decision
Either you are willing to commit to your son and enforce the order OR you accept that for the sake of your current wife, and to ensure that your son is not exposed to further legal action then you make it clear that you will not longer be pursuing the issue
I am sorry but the longer you leave it the harder is will be to enforce the order.
This is about the needs of the child and not the adults and they need stability and security
Yes you remain liable for child maintenance
Any agreement that you make can be overturned after 12 months as she can then apply to the CSA
That is an expensive way of doing things but if you wish to do that and she agrees then it is up to you
remind me do you have a court order regarding maintenance?
Then you can apply to vary it by way of a Consent Order if you both agree