Mum has stopped contact, please advise

[Bennyboy94]

Ongoing court proceedings for 20months in which I have our children fri-Sunday every weekend.

They live 3.5 hours away to which I always done the journey not mum.

1/11/24- mum stopped contact

19/11/24 - luckily had an upcoming hearing, which the judge ruled contact immediately resumes with every weekend, kids Xmas and birthdays with me as mum had previous year. Handover travel to be shared.

25/11/24 - mum stopped contact again.

What do I now do ? I have no current upcoming hearing and still awaiting the official document of the court order

Thank you

 

[Nanaforsonsjustice]

Ongoing court proceedings for 20months in which I have our children fri-Sunday every weekend.

They live 3.5 hours away to which I always done the journey not mum.

1/11/24- mum stopped contact

19/11/24 - luckily had an upcoming hearing, which the judge ruled contact immediately resumes with every weekend, kids Xmas and birthdays with me as mum had previous year. Handover travel to be shared.

25/11/24 - mum stopped contact again.

What do I now do ? I have no current upcoming hearing and still awaiting the official document of the court order

Thank you

Sorry your going through this.

You need to make an urgent C2 application to court citing that she has stopped you spending time with your children in breach of the court order. There are many on here who can help with working if needed.

How old are the children? And what are her reasons if any for stopping you seeing them?

Did you have a barrister at the last hearing of were you litigant in person?

 

[Pj66]

C79 form is what you need and not c2 unless you are looking for directions in existing proceedings or to vary as the most common reasons.

Mention in your c79 statement you would like an urgent hearing as it is only 7 days since the last hearing and contact has been stopped.

There is example wording on here in the resources section for a position statement and it was written for an enforcement hearing.

Also seek an order for costs if represented, probably won't get it but it's worth putting it in these circumstances as she's stopped contact so soon.

You can attach evidence to the application such as text messages of her stopping contact.

What are her reasons for stopping?

 

[Bennyboy94]

C79 form is what you need and not c2 unless you are looking for directions in existing proceedings or to vary as the most common reasons.

Mention in your c79 statement you would like an urgent hearing as it is only 7 days since the last hearing and contact has been stopped.

There is example wording on here in the resources section for a position statement and it was written for an enforcement hearing.

Also seek an order for costs if represented, probably won't get it but it's worth putting it in these circumstances as she's stopped contact so soon.

You can attach evidence to the application such as text messages of her stopping contact.

What are her reasons for stopping?

C79 form is what you need and not c2 unless you are looking for directions in existing proceedings or to vary as the most common reasons.

Mention in your c79 statement you would like an urgent hearing as it is only 7 days since the last hearing and contact has been stopped.

There is example wording on here in the resources section for a position statement and it was written for an enforcement hearing.

Also seek an order for costs if represented, probably won't get it but it's worth putting it in these circumstances as she's stopped contact so soon.

You can attach evidence to the application such as text messages of her stopping contact.

What are her reasons for stopping?

Thank you for taking the time to reply. I did come across the C79 via research. Thank you for confirming to use this form, I will action it tomorrow.

Mum has said safeguarding concerns even though there’s never been any raised by her before nor any proffesionals.

I’m a hard working man who lives for the weekends to see the kids.

 

[Bennyboy94]

Sorry your going through this.

You need to make an urgent C2 application to court citing that she has stopped you spending time with your children in breach of the court order. There are many on here who can help with working if needed.

How old are the children? And what are her reasons if any for stopping you seeing them?

Did you have a barrister at the last hearing of were you litigant in person?

Thank you for taking the time to respond.

My two children are 8 & 5 and mum has claimed safeguarding concerns even though through the court proceedings CAFFCASS has no safeguarding concerns on me or mum.

I self represented myself at the last hearing

 

[Nanaforsonsjustice]

C79 form is what you need and not c2 unless you are looking for directions in existing proceedings or to vary as the most common reasons.

Mention in your c79 statement you would like an urgent hearing as it is only 7 days since the last hearing and contact has been stopped.

There is example wording on here in the resources section for a position statement and it was written for an enforcement hearing.

Also seek an order for costs if represented, probably won't get it but it's worth putting it in these circumstances as she's stopped contact so soon.

You can attach evidence to the application such as text messages of her stopping contact.

What are her reasons for stopping?

C2 is the quicker and correct option for enforcement or any other concern while the case is still ongoing. C79 is for enforcement after the case has been closed / after a final order has been made.

 

[Pj66]

C2 is the quicker and correct option for enforcement or any other concern while the case is still ongoing. C79 is for enforcement after the case has been closed / after a final order has been made.

I enforced an interim and got a hearing within 2 weeks.

 

[Ash]

Sounds like either will be accepted then but normally it's a C2 when it's mid proceedings and you ask for enforcement.

What reasons has your ex given for stopping contact? (If any)?

 

[Bennyboy94]

I enforced an interim and got a hearing within 2 weeks.

Fingers crossed it’ll be quick.

 

[Bennyboy94]

Sounds like either will be accepted then but normally it's a C2 when it's mid proceedings and you ask for enforcement.

What reasons has your ex given for stopping contact? (If any)?

Thank you, she just went I’m not sending the children anymore due to safeguarding concerns.

I’ve asked for an explanation around this and she ignored