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SIO for variation less than 3 months of final Order

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Hi All,



I have been following this forum for a long time.

I just need some advice on situation.

1) Did not see my child for over year as contact has always been controlled.

2) Applied for CAO, and respondent make false allegations that i was mentally unfit initially and then made allegations of emotional harm and financial in the course of the proceedings. Also stated that i pushed her and my child out of my house one day she came visiting (physical).

3) Safe guarding report was in my favour and also S7. Police reports was in my favour as i reported her harrasment and removed by police on a few occasions. Social services stated i reported her for harrasment and later she told SS i was looking after our child half of 3 x a week and things improved . She later denied me looking after our child in court.

4) No fact finding as there was no significant safe guarding issue. Saw our child in contact centre throughout the litigation.

5) Contact centre report was excellent.

6) Final CAO was to live with both parents, 6/14 for me with stepped increase in contact over 5 months. She threatened to appeal after the final hearing.

7) Waited for appeal which did not come. Sealed order arrived after 9 weeks of breached order and i applied for enforcement immediately.

8) She refused to provide our son for contact since the final hearing and i just received documents from court showing she applied for SIO to vary order and give her full custody repeating same allegations verbatim.

9) Court has fixed a gate keepers hearing for both her SIO and my enforcement application.

10) I am just wondering what will happen next. She definitely did not have any good grounds for appeal and i believe this is an unusual tactic.



Please i will appreciate any advice as i am worried where i go from here.
 
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She can't submit a specific issues for variation anyway! It's a C100 yes but for variation of a CAO. Specific issues is something else.

I am really sorry you're having all this, but you're in the right and she is in the wrong and she's ignoring the court order. So did your order never even get started after final hearing?

It is however common for an ex to apply to vary when a Dad enforces an order - but I don't think she has a leg to stand on. So technically an enforcement hearing is supposed to be 3 or 4 weeks after application. I hope you get a hearing soon.
 
The order was never started at all after the final hearing. She even emailed court after FH to say she wont make child available for contact until she appeals and it is heard.

I believed she was going to appeal, and i wanted to avoid cross application by holding on my enforcement application while waiting for sealed order to arrive.
However, when sealed order arrived and i applied my enforcement, it arrived same time as her C100 application (SIO ticked only) and both were listed for gate keeping hearing between cafcass and judge/legal adviser with parties excused.
 
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