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Anybody know what to do next ?(8 Posts)
Wasn't sure where to post this as it could come under several different topics .
Sorry for the ramble just don't want to drip feed
Dp has not seen his daughter in over 3 years despite trying his Ex's partner will not let him or any of his family near the house .
At first when they split Dp was allowed to see Dsd once or twice a week at her home while the ex was there
stood guard & the this dried up when the Ex started dating some rather odd characters .
One day Dp went round to see Dsd & they had moved & left no forwarding address , there were no signs if her moving as he had previously been round the same week , Dsd also moved schools .
It took the best part of a year to find out what school Dsd had moved to & Dp contacted the school in regards to Dsd but they were under instruction to not talk to anybody about Dsd so Dp went down after school to try n speak to his ex but her new partner was their & started getting abusive ,
Dp tried a few more times but Ex would start shouting 'he is a paedo' .
Dp has been intouch with several solicitors as he wants to see & spend time with Dsd but was told nothing cam be done as they do not have an address for his ex & nor do we despite trying .
Right thats the info & now for my question ..
Dp has another appointment with a solicitor in Monday who also says nothing can be done as there is no address , but surely their are ways to find them ?
Dsd was in a high-school but has just moved to a different one but their are to many to stand outside & plus we don't want to get in trouble .
My Dp just wants to see his Daughter she is 12 now & he hasn't seen her properly since she were 7/8 & its killing him .
Is their anything I can do to help or suggest to the solicitor ?
SORRY FOR RAMBLING
Got the first bit wrong slightly , Do saw Dsd in passing around 3 years ago but has not seen her properly (longer than ten mins in 7/8 years)
Also Ex randomly rang up before Christmas & arranged for Dsd to come stay for a few days & backed out because her partner was angry over Dsd seeing Dp
A seek and find order? They are often used, see a new solicitor
Also, re post this in the legal section. Some MNers have good legal knowledge through their line of work. This should be easy . But is your dp willing to pursue through court? Cos your dsd may say she wants no contact. Be aware it can't be forced at this age
You need to complete Form C4
and take it, with a copy for the Court and a copy for each organisation you ask to be ordered to disclose information, to the Court. Call the Court first, as they are all dong weird things with court offices, so you may need an appointment, or have to come at particular times.
The Court fee is £200, payable to HMCTS.
Also complete form C100 as an application for a contact order. The Court should let you issue both together, and save paying the court fee twice.
The Court will want a written statement setting out the basic facts. There should be a template for statements on the above link.
I'd suggest as respondents you could suggest the Education Authority, and the DWP. You can ask for HMCTS to be ordered to respond (most likely success as they adminster Child Benefit) but you have to have a High Court not a County Court order because HMCTS is a Crown agency, so they don't have to comply with County court orders. Weirdly.
You can also ask for orders against other family members who might know, but TBH I'd just stick with the official channels.
Any solicitor who practises in this field should know how to do this. I think you should complain about the one you've seen. S/he is incompetent.
Once the Court has the address, the Court will serve your contact application (if your husband doesn't have Parental Responsibility, he should also apply for that, in form C1) on his ex. CAFCASS will get involved at that point as well.
He may get nowhere, sounds like she's hada load of time to fill the poor girl's head with nonsense, but it's worth a try, if only to be sure she's OK. Good luck.
Thanks MrsBert .
MIL managed to see Dsd last year for ten minutes as bumped in to her in town , she is desperate to see her dad & Ex is not the one stopping her its her partner as he is very controlling .
Will do everything you said .
Dp is paying Child Maintenance as well which doesn't seem fair when we can't have contact
Well, contact and maintenance are not related issues, for very good reason, but it's bloody galling!
Take all that info to the Solicitor tomorrow, and ask him/her to pay for the free training.
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