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breach of an order

(7 Posts)
Kristy99 Fri 16-Oct-15 13:33:34

Earlier this year a child arrangement order was put in place by the court, my two children to live with me and alternate weekend contact with dad. Just recently hormones have gotten the better of my oldest (11) and each time he's been in trouble, lost his phone etc, his dad has come running. Last night he didn't return him. He says he's now living with him and I shall see him in court as he wants residence of our youngest child too.

Can he do this? We've done the whole court thing and I really don't want to have to go through it again, he's already started missing school because he can't be bothered to catch the bus etc (rolls out of bed where I live and schools there), I doubt my ex could even get our youngest to school so he's probably be looking at moving her.

Any advice would be much appreciated.

traviata Fri 16-Oct-15 14:48:55

No. he can't do this. In your shoes I'd go straight off to court, and issue an application for an enforcement order with an application for immediate return to you. It really is worth doing this.

Sometimes the police will help, when there's a court order; sometimes they won't. At any rate they may attend to make sure there's no aggression when yo go to collect you eldest.

Kristy99 Fri 16-Oct-15 16:10:40

Thank you!
Do you know how I go about it/cost?
What if child doesn't want to return? Obv the only reason is because he's been reprimanded but I'm concerned they will go with his wishes rather than what's best?

traviata Fri 16-Oct-15 19:16:20

'his wishes' might have a part to play if the court was re-opening the residence order, but it was made so recently that it is unlikely to swing the thing. Anyway, that is all for another day. At the moment, the focus is on getting your boy home based on the existing order.

You need to fill out an application form at court, they can tell you which one. Sorry I don't know the current fee (are you eligible for fee remission?). Ask for a hearing without notice or on very short notice, so they contact your ex and tell him to get himself down to court in 24 or 48 hours.

As ex has contact, it probably won't be done without notice (ie where you get to see the judge on your own without telling ex) because he won't be regarded as in an unsafe place.

Kristy99 Sat 17-Oct-15 08:00:25

Thank you very much. I found the cost, £215!
So effectively they will reopen the case? So he could end up with residence of our child after all?

traviata Sat 17-Oct-15 16:17:33

No, the enforcement is to enforce the existing order not just reopen the case.

I have know it to happen, but where the order was made as recently as this year, it would be very very unlikely.

Did CAFCASS talk to your DS before the order was made? The court will know full well that 11 y/os sometimes appear to change their mind if they have been told off, and try to play one parent against the other. Your DS saying that he wants to change things won't be enough to get the case re=opened.

Kristy99 Sat 17-Oct-15 16:39:56

Social worker spoke to him when they did a section 7.
Thank you very much.

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