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still no contact
#1
hi everyone I posted a few weeks back of what's been going on (short version) just after some more advice.. My partner has been to court a few times now to see his daughter and its always the same a new child arrangement order a slap on the wrist it seems to be never ending! he was supposed to have his daughter every weekend for 2 hours for 4 weeks then gradually build it up to every other weekend Friday - Sunday evening.. but as it is she has never allowed contact to go ahead always has the same excuse " she doesn't want to come, I cant make her ive done my best" so he has no choice but to wait until the next week and so on so on.. he recently went back to court by writing a letter saying she was breeching the contact order he had all the evidence to show so we genuinely thought that karma would kick in and she will get at least some sort of punishment for what she was doing.. after all us and the CAFCAS were all on the same wavelength with each other regarding her and her family trying to prevent contact from happening. Sadly in court she just got away with it as usual claimed that the little ones health has deteriorated since she has been having contact with her father (we all know this is nonsense) just another way to put a wall between him and her having a relationship. so the courts said he was to do another statement and for him to get her medical records... and she do the same but she can have two witness statements ( her mother and sister) knowing they don't want him and the little one to have any relationship either, now when it goes back to court and the medical records show that there is nothing wrong with her and she is perfectly healthy surely she will get more than just a slap on the wrist?? As the court was coming to an end he did request to file for full residence and also a enforment order so that was made for his next court hearing in the meantime contact should still go ahead.. (we know that it wont).. sorry if this makes no sense it makes no sense to us either and he is representing himself in court so we have no solicitor to depend on. Thankyou to anyone who takes there time to read and help us its much appreciated. Smile
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#2
Hi.

You don't say how old the child is but 'I've done my best' is not acceptable. If the child is young enough (let's say she is under 10) , then she has to go to contact even if she does not want to. The sticking point is the order. It has to say 'make available' and if the child is handed over at a contact point, then they must be brought there.

I would formally file for enforcement (form C79, £215 unless low income or benefits). If there is no sound medical reason, she is in breach and she needs to start copping heat for that. Even if the child is unwell on the day of contact, then she should have been made available for an alternative day that week. In cases of non-compliance you can ask for CAFCASS to support the contact process for a year and I would recommend asking for that.

I am imminently going to court to enforce a court order. If I can help in giving advice, then I'd be happy to.
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#3
(07-31-2017, 12:21 PM)Chi21965 Wrote: Hi.

You don't say how old the child is but 'I've done my best' is not acceptable. If the child is young enough (let's say she is under 10) , then she has to go to contact even if she does not want to. The sticking point is the order. It has to say 'make availble'  and if the child is handed over at a contact point, then they must be brought there.

I would formally file for enforcement (form C79, 215 unless low income or benefits). If there is no sound medical reason, she is in breach and she needs to start copping heat for that. Even if the child is unwell on the day of contact, then she should have been made available for an alternative day that week.

I am imminently going to court to enforce a court order. If I can help in giving advice,  then I'd be happy to.

Hi Thankyou for the reply Smile
 she is only 5 and prior to the weekend contact for 2 hours he seen her in a contact centre every weekend for 6weeks and the little one was very happy in his company its only changed since he has been aloud to take her on his own.
when he went to court last week he filed for a enforcement order so would he need to file a form C79? it seems as if she is getting away with it when it is clear she is stopping contact for no valid reason, the worst thing is they live in the same village and we have a 2year old son who knows nothing about his sister as she also knows nothing about having a little brother and its very often they come in contact with eachother at birthday parties and Christmas parties ect.. and they will soon attend the same school. I try to help as much as I can without involving myself as I don't want to come across as "taking over" or give her any reason to bring my name up in court as I fear that might be the next step she makes.
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#4
I wouldn't worry about her bringing your name up in court. Family proceedings are private and you can't be made a party unless they involve you. Even if she does, it will have no import for you.

Yes he needs to file for enforcement. The form is here, so please do take a look at it. https://www.google.co.uk/url?sa=t&source...dk-a4vWTAA

What are the arrangements for handover? At a place which is not home? Important because of the 'make available' clause in the order.

It seems a if the court was interested in moving things along and hence why it returned to court, but he needs to attach punishment to that through applying for enforcement. I was in the same situation and whilst not a contact centre, as soon as the time incteased and moved to the community it was blocked by my ex.

Do you already have a booked date for the next hearing?

One last thing, is this being heard by a Magistrates (Bench) or District Judge?
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#5
(07-31-2017, 12:48 PM)Chi21965 Wrote: I wouldn't worry about her bringing your name up in court. Family proceedings are private and you can't be made a party unless they involve you. Scab if she does, it will have no import on you.

Yes he needs to file for enforcement. The form is here, so please do take a look at it. https://www.google.co.uk/url?sa=t&source...dk-a4vWTAA

What are the arrangements for handover? At a place which is not home? Important because of the 'make available' clause in the order.

It seems a if the court was interested in moving things along and hence why it returned to court, but he needs to attach  punishment to that through applying for enforcement. I was in the same situation and whilst not a contact centre, as soon as the time incteased and moved to the community it was blocked by my ex.

Do you already have a booked date for the next hearing?

One last thing, is this being heard by a Magistrates (Bench) or District Judge?

I will get on to that form right away thankyou.

arrangements are to meet on neutral grounds and in the order states no family members of maternal family should be present, so when they write there statements the judge is obviously got to know that there in on it aswell (hopefully) even the cafcass when they did there report said they were interfering so handover on neutral ground would be a good idea.

yes he has a court date booked which is in October he hasn't had contact with the little one since the last contact session back in February. I believe its a district judge.
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#6
Basically.... f**k that! Pardon my French! October? No, to have no or perhaps intermittent contact until then is unacceptable.

I'm glad handover is on neutral ground. If the child is not brought to the handover point without good reason, then it is a breach. The form needs to detail (briefly) the date of each breach. Write a short note to the judge and in it, set out your position, the breaches are deliberate, you believe she needs punishing for breaching AND to ensure future compliance and you would like CAFCASS to monitor contact. If she is on benefits then your fella needs to say that he thinks a fine will have little impact as she will pay off a small amount weekly and he would like the court to consider an unpaid work order and above (she can be jailed or the residence of his daughter moved). Write a covering letter to the judge that has been hearing your case asking for an urgent hearing and ask for the matter to be heard by them for the purpose of judicial continuity; ie, the same judge will know the case and the players.

Don't forget, low income or benefits, submitting a C79 is free.
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