Use of social services to stop arrangements order

[john6283]

Try and get a closure report from social services - it might be useful evidence. You'll need to enforce the order if she's witholding your child, but it would really help to have something in writing from social services to say case was closed. Sometimes they tell you there isn't anything and then there's not much you can do. You could apply for a subject access report, but that could take some time.

Anyway, as the case was closed you need to enforce the order on a C79 - you'll get a hearing quicker than if you do a C100. If you have to do this more than once then each time a black mark will be against your ex. Hopefully an enforcement will deter her from breaching but if not, you could go back to vary for more time or transfer of residence if she keeps doing these things.

Really you should enforce by the third breach. Be prepared for her wapping in an application to vary on the back of your enforcement application, but if she does, you could ask the court to dismiss it as vexatious.

I asked my solicitor last week Monday to take it back to court as some stuff in the court order needs ironing out, some of it was badly written and the mother has taken advantage of it. My solicitor said we will look at taking it back for variance and possible residential. Whatever that means, I never did ask. Upon myself letting my solicitor know that mother has breached the court order 3 times already at this point. Taken my daughter abroad without asking myself, I asked the grandmother also via message to let me know where they are going and totally ignored me. Yet they seem to think they are above the law

 

[Ash]

Who wrote the last order? The same solicitor?

 

[DannyK]

Sorry to hear you're going through all this @john6283

How old is your daughter now? And how far away from her do you live?

I had my CAO Final Order drawn up by my FH barrister (and it went through a few rounds of back-and-forth with Ex's solicitor to iron out the details), and I think this made it more 'robust' than if a solicitor had written it.

 

[john6283]

Sorry to hear you're going through all this @john6283

How old is your daughter now? And how far away from her do you live?

I had my CAO Final Order drawn up by my FH barrister (and it went through a few rounds of back-and-forth with Ex's solicitor to iron out the details), and I think this made it more 'robust' than if a solicitor had written it.

She will be 3 in August, she's still a little baby. Walking distance 10 minutes.

I've got the ball rolling now, hopefully this will be ironed out once and for all

 

[john6283]

Who wrote the last order? The same solicitor?

Yes same solicitor

 

[DannyK]

She will be 3 in August, she's still a little baby. Walking distance 10 minutes.

I've got the ball rolling now, hopefully this will be ironed out once and for all

Wow. Sounds like our circumstances are very similar.

I recently put in a C100 application to Vary (looking for 50/50) - although in reality, I'm hoping to land at 5 overnights per fortnight (I currently have 3).

My Ex hasn't withheld contact, but has been very quiet since the paperwork landed.. which probably means she's been busy building her case, taking daughter back to GP to try and get another SS referral due to daughter's "distress" at being apart from mother, suspicious "marks and bruises" after being with me, and assorted other lies.

So in short; am expecting another phone call from SS any day now.

 

[Ash]

If your current solicitor wrote the current order, I would probably not use them again. You can do your own application, with help on here, and use a direct access barrister for hearings. Solicitors just run up a lot of bills and it's in court where decisions are made and barristers are experts in that.