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Legal matters

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Original poster

Child contact order

23 replies

grumpychops1 · 09/08/2014 10:38

Received an email this morning from ex. He's advised he's cancelled his application for child contact, we have a directions hearing soon and a section 7 is being prepared as we speak. His reason "so we don't have to have any further contact". We don't anyway!
What will happen if he has?

OP posts:

LisaMed · 09/08/2014 12:11

I'd double check with the court about the hearing being cancelled.

Original poster

grumpychops1 · 09/08/2014 14:11

Will the cancel or go ahead without him? I really want this to go ahead just so there's an end to it all and we all know where we stand.

OP posts:

LisaMed · 09/08/2014 14:15

I suggest that you speak to the court and ask if he actually has withdrawn the application. Because he may not have done.

My info is out of date on what would happen, so I would just ask on Monday (if you can get through and speak to someone sensible). The court staff cannot give legal advice but they can advise on procedure.

What stage have you reached so far as that may enable more knowledgeable people to give better advice as it used to depend on what stage matters had reached as to how easy it was to stop a case.

Original poster

grumpychops1 · 09/08/2014 15:03

Thanks. Been to first hearing where judge ordered a section 7 report to be done for next directions hearing. SW involved already so will be doing the report.

OP posts:

Lonecatwithkitten · 09/08/2014 16:59

I would check this with court. My solicitor describe the process as being a roller coaster ride which once you start you have to say and the court will make an order even in absence of one party.

EmptyNestAgain · 09/08/2014 17:24

He can apply to withdraw the application, but I suspect he is trying to pull a fast one. Chances are, he's trying to make it look like you're not attending. (Cynical, me? ) anyway, I would contact the court on Monday to check. Are you self repping?
Unless you hear from the court otherwise, I would attend the next hearing. Has he done this before?

Original poster

grumpychops1 · 10/08/2014 13:24

I'm self repping up to now. Awaiting the section 7 as my solicitor said if there's a hint of domestic violence he can act for me with legal aid.
My mum said the exact same thing. I wouldn't dream if not showing up. I'll defo check with court tomorrow.
When you say he can apply, does that mean they could say no?

OP posts:

TestingTestingWonTooFree · 10/08/2014 19:37

They could say no and refuse to let him withdraw his application. That might happen if you said it was all amicable and he was going to have every weekend unsupervised but the section 7 suggested he was a dangerous sex offender (for example). In those circumstances, the court might want to regulate/restrict contact even if you didn't.

Original poster

grumpychops1 · 11/08/2014 10:17

Would they wait for the section 7 before making a desicion? Its not due for another few weeks? Going to ring court in a short while.

OP posts:

EmptyNestAgain · 11/08/2014 10:32

A section 7 is not ordered for every family, OP, so there must have been a reason for that. The court is unlikely to agree to a withdrawal if they are concerned about your child's welfare and may wait for the outcome before deciding.

Original poster

grumpychops1 · 11/08/2014 11:57

Spoke to court - they have received a letter, the length of the hearing has been reduced by half an hr and will still go ahead.
Im gutted. Im gutted for my babies.

OP posts:

EmptyNestAgain · 11/08/2014 20:06

What do you want to happen? Has he done this before? Made an application and then withdrawn, I mean. This happens sometimes as a control thing. However, if he doesn't want to see his child, the court won't be able to make him.

Original poster

grumpychops1 · 11/08/2014 20:40

No. Never done this before.
I hope an order is still made, just so, like you say, the control will stop, just so a year down the line we don't have to go through this again.
How will a court view this?

OP posts:

EmptyNestAgain · 11/08/2014 22:03

If he insists on withdrawing, they can order that he is not allowed to make another application without asking the court first. It would help if you asked for that, though, and explained that you believe it is about controlling you rather than seeing the children. If that's what you think. If he hasn't made a habit of this, though they will be less likely to do this. However, the court will look at the evidence according to what they feel is the best for your children, not either of you.

Original poster

grumpychops1 · 12/08/2014 10:49

Since its his application to see the DC, would the judge take into account that he has a DC living with him who I would like to see and make an order? I havent put in an application since the DC with him was older (11) and so we could establish contact ourself, but lately hes putting a block on that contact.

OP posts:

TestingTestingWonTooFree · 12/08/2014 12:26

Judge isn't going to make an order about a child who is not the subject of proceedings. I'm not really sure what you'd hope to achieve OP, perhaps you can explain?

Original poster

grumpychops1 · 12/08/2014 14:09

DC1 lives with him and DC2 & 3 live with me. All three children are on the form. I was hoping if he no longer wanted to continue with the application, ie, him not see DC 2 & 3 then the judge would still order for DC1 to be able to come and spend time with us.

OP posts:

TestingTestingWonTooFree · 12/08/2014 17:25

Is DC1 named as a subject of the application or just as a relevant child. If subject, I'd write to the court to have on file that you object to his application being withdrawn because you want an order about DC1's contact with you. This will only be granted if the court thinks there's a need for it, so be prepared to explain why you don't think you can sort this out between you as parents.

Original poster

grumpychops1 · 12/08/2014 17:48

Yes just checked. All three children are subject to the order. Since it's still going ahead but the hearing time has only been reduced I'm going to request that. Thanks for all your help everyone

OP posts:

TestingTestingWonTooFree · 13/08/2014 06:09

Grumpy, did the social worker doing the s7 talk to you about DC1?

It would make sense for you to write a list of what the arrangements should be for:
Term times
Bank holidays
Holidays
Birthdays
Mothers/Father's Day
Communication between parents (inc variation of arrangements)

The way a contact order works is that the parent with whom the child works is ordered to make the child available. It does not order the non resident parent to have contact.

Might make sense for you to have a note of what you offer for dc2 and 3, but does there need to be an order?

Original poster

grumpychops1 · 13/08/2014 08:14

SW did yes. She's been appointed for DC1 because school an myself were concerned. No concerns over Dc 2 & 3. Interim was established but ex didn't show up and refuses to drive to either pick up or drop off.
I've done a list ready of a proposal so I'll put that forward.
Just wanted an order so it was official an the kids would have a routine so we would all know where we stand an ex wouldn't show up when it suits him.
Anyone aware how soon before court I should expect to see a copy of the section 7?

OP posts:

starlight1234 · 13/08/2014 08:23

My Ex did withdraw from court case. He had told cafcass he was. I got a letter from the court a few days before. He left it till last minute as he thought I would give him his own way. Till you have that piece of paper I would attend

Original poster

grumpychops1 · 13/08/2014 08:43

Def attending starlight, hearing length has just been reduced not cancelled.

OP posts:

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