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Urgent Hearings for Breach

Daddy

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How long does it take to get an urgent hearing for breach of child arrangements order?

I have a shared lives with both order (that's been in place for 3 years) and mother has relocated without notice to an unknown location, removed child from school and I can't contact them.

Police and social useless as ever as it's a civil matter.
 
maybe you should make a prohibited steps order application , this usually occurs very quickly. with a PSO you could apply to make sure that the child's whereabouts are known to you and not kept from you - therefore if she didn't give the info, she would then be in breach of it. The papers would be served by the court and you wouldnt need to find her , the court would.
 
A couple of weeks ago I applied for an “urgent ex-parte pso” (ex-parte means without the other party present at the hearing). I filed it with the court and the same day a judge approved it. If she originally used a solicitor is it possible they may know something? I ask this because when my ex was served the pso her solicitor was also served it, I think it was a requirement due to my circumstances.
I am still in court proceedings and have an active C100, so the documents I completed was a C2 and a witness statement. I would not know the correct documentation you would need to complete. Just keep it concise and to the point.
Hopefully someone will reply who with more knowledge as the sooner you apply the better.
 
Thanks chaps, I was really worried it would take weeks and months to get a hearing as it usually does for hearings. I think the ex also thought it would be long enough for her and child to settle in a new location.
I just hope the courts take breaches seriously, otherwise what use is a court order...
 
That's a serious breach if you have a shared lives with order. I did make an application for a breach and it was heard by a judge fairly promptly but the key is getting the form in and payment made.

At the time I was in the middle of proceedings but you have a final order so it is a different application. I think it'll be a C79 but somebody will know for sure.
 
To my knowledge

C79 is for enforcement of the order.

C2 is an application within ongoing proceedings, could be for PSO, SIO, NMO...

If proceedings are not ongoing, and you want an order other then enforcement, C100 is the option as far as I know.
 
Thanks chaps, I was really worried it would take weeks and months to get a hearing as it usually does for hearings. I think the ex also thought it would be long enough for her and child to settle in a new location.
I just hope the courts take breaches seriously, otherwise what use is a court order...
I really hope you get a swift resolution here. Different totally to where I am in my situation (it’s all cr*p) but hate reading stuff like this as it’s bang out of order, but more so how is that in any way healthy for the one person who the courts, and parents, are there to protect - the child!
 
I would put in both an urgent C100 for PSO at 48 hours notice (you can try for ex parte but it's more likely to be an urgent 2 day hearing). And at the same time put in a C79 form enforcement and mention in both applications about the other application.

If you want to try and get it ex parte then really you need to go into the court, first thing in the morning (9.30 maybe, depending what time the court opens - but as soon as it opens) with the application, and wait. You might get a same day hearing.

Otherwise, you can still take the application in (saves a day rather than posting it) - and tick for a 48 hour hearing in the section on the C100. It asks what you have done to notify the other party of the urgent short notice application and you can just put "will text when hearing date issued". As they expect you to put her on notice. But don't text until you have the court papers with the hearing date. That's the advantage of going into court and waiting - you can come out with the court papers in your hand for a date a couple of days later. The court might ask if you want them to serve the papers, so say yes - then it's up to them if she doesn't get them in time, but you'd still better text her with a screenshot of the court papers and just say something like "This is to inform you there is an urgent court hearing at x court on x date at x time which you're required to attend". Very formal - not personal.

The issue might be that if she has moved further away, she might not turn up. In which case you should just get the PSO anyway at the 48 hour hearing and they might then set another hearing a couple of weeks later.

So that's the C100 for the PSO. You need to carefully do the wording on this to state that the child should be returned and remain at the same school. It might also be an idea to make the C100 into an application to vary as well and say that if the Mother does not wish to return, then you ask that the child lives with you, remains at the same school and the Mother can collect and drop off 3 week-ends out of four and half the holidays, still under a "lives with both parents order".

So the other application for enforcement is the C79. That is for the breaches. An enforcement hearing should be about 21 days after application. But - the C100 PSO is the important one, because it can say the child must not be removed/must be returned. However, an application to vary hearing could take longer so having the C79 in as well means it could get dealt with quicker.

So I would do this:

1) C100 for urgent PSO and application to vary the lives with both parents order. Take it into court on Monday morning as soon as the court opens - ask for a same day ex parte hearing for the PSO - if they say no, then tick for a 24 or 48 hour hearing. The clerks will help you sort it.

2) C79 for enforcement. On the page where you put info, LIST the breached dates and times. Eg Friday 10th January 3.30pm until present (Sunday 12th January 6pm). The dates and times ordered when child should have been with you, but you can't post date it so it can only include breaches up to the time you fill the form in! Underneath the list of breaches write a very brief summary that you have had a 50/50 shared care order for x years, and the Mother has suddenly moved the child x miles away without notice. That you have also applied for a PSO for return of the child, and ask the court to enforce the lives with both parents order.

Sorry, I've just seen you've got no contact details for them - not even a mobile number to send a text? In which case say that in the PSO application, ask for an ex parte hearing.

Have you any idea at all where she might have gone? How did you find out she had moved? Have the school any idea where the child might be going? Did she give notice to the school? If so they should have informed you as it's a lives with both parents order (but they don't always unless you pre-empt that and specifically ask them to let you know if she ever hands in notice for the child to leave the school).

Let us know how you get on.
 
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How long does it take to get an urgent hearing for breach of child arrangements order?

I have a shared lives with both order (that's been in place for 3 years) and mother has relocated without notice to an unknown location, removed child from school and I can't contact them.

Police and social useless as ever as it's a civil matter.
Did your CAO have clearly defined dates that your child was with each of you and the handover times/locations, holidays to be spent with who etc?

Was it a 7/7 order?

It's shocking really. With this court order in place she has effectively abducted the child.
 
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A couple of weeks ago I applied for an “urgent ex-parte pso” (ex-parte means without the other party present at the hearing). I filed it with the court and the same day a judge approved it. If she originally used a solicitor is it possible they may know something? I ask this because when my ex was served the pso her solicitor was also served it, I think it was a requirement due to my circumstances.
I am still in court proceedings and have an active C100, so the documents I completed was a C2 and a witness statement. I would not know the correct documentation you would need to complete. Just keep it concise and to the point.
Hopefully someone will reply who with more knowledge as the sooner you apply the better.
Can you advice briefly on how you make a C2 urgent and ex-parte? The C100 has those as tick boxes but the C2 doesn't. Thanks in advance.
 
I don't know to be honest. I think with a C2, as it's during proceedings, you'd just ask for an urgent hearing. You could try taking it in to court in the morning and waiting but I haven't heard of an ex parte C2. I think it would need to be something extremely serious or life threatening for that.
 
As I have current court proceedings I therefore completed a C2. in section 6 “details of application” I wrote “I’m applying for an urgent PSO request requesting my daughter is not to move away during court proceedings relating to child arrangements. I am therefore asking for an urgent ex parte hearing. Please see my witness statement and support for further details”. I took it to the court and my pso was approved the same day.
If you do not have current proceedings I think you need to complete a C100, but please check for definite.
If you do not know have your ex contact details I do not know how to proceed in serving the pso
 
Sorry been busy as you can imagine.
Thanks for the advice and thanks Ash.

So the correct process if in proceedings is a C2 application, you can print off, complete it and send to the court email. Then they apparently contact you for payment.

I did an online c100. I couldn't attach any documents but stated what had happened, breach of order etc and ticked the without notice box.

I received an email today from the court with an order for a hearing (without notice) on Thursday.

I will keep you updated and provide more details after the hearing.

What I will say though, is that if the courts let mums get away with this kind of behaviour then it makes a complete mockery of the legal system, you'll just end up with parents making their own rules and doing what they want. Which isn't best for child. But it's promising that urgent applications are acted upon.

If mums knew that courts can list hearings in a few days then it would likely put them off doing things like this.

The order is very clear btw.
 
Glad you have a hearing on Thursday. So did you ask for a PSO as well as saying it was a breach? I don't think you are mid proceedings are you? So a C100 was the correct move. As she has only just moved her, there won't have been time for your daughter to settle into a new school so there's a better chance of getting her brought back.

How did you find out she had moved? When your daughter didn't turn up at school?
 
Not mid proceedings, I got legal advice earlier and asked the question about C2 for future reference.
Yes, when no show at school.
I didn't ask for PSO. Just explained the situation. Got legal team all lined up so will update Thursday with more details.
 
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Wow. How awful and confusing for the children. The mind boggles what they have been told ! I truly hope the hearing brings some answers and this taken seriously. You appear to be coming across very well and balanced. I’d be in pieces . Good luck my friend and look forward to an update ( positive I hope for those kids )
 
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