Father keeps not turning up to court

[Crimetv1]

Hi all I cannot find anything online but currently had two court dates at the magistrates court father failed to show on both accounts now they have referred to county judge as more power?

But can they actually do anything to make him turn up at court or will he just get away with this every time. What can I do on my behalf I have made an application with court. But if he's not turning up what else can I do? But please help me

What’s your application for?

C100 form for a child arrangements order to arrange fair time between our daughter like Christmas and birthdays.

Does he actually turn up for contact at all?

If you get a cao in his absence he will hot foot it to court to contest it

I don't understand this, Are you trying to get an order to force him into contact?

I am currently seeing my daughter in a contact center according to court order as cafcass suggested this (left an abusive relationship with a bag off clothes and in their eyes I was homeless but was staying with family) hence the contact center to prove myself stable enough which I have done I have a home, a very good job, and not missed one contact session I know it's the opposite way but the father does bring her but he has no contact with me to discuss her future it's been a year of this and now I feel it's time to move forward the court order is for one year ended in May he still brings her but cannot reply to any messages nothing at all no communication. I have tried over and over to talk but he has refused and I'm not going to confront him as our daughter is present so I had no choice he refused mediation so court it was he didn't turn up on two occasions with magistrate now they are referring to district judge he's also had no engagement with cafcass has answered no calls absolutely nothing, so my question is how long he can carry this on for? Is there anything I can do more I feel voiceless I just keep trying and trying and he doesn't allow me to be part off her life more then a contact center. I'm no danger to her nothing just unfortunately woman that are abused are deemed unfit to care for their child like we woman asked to be abused the system has very little support and has been one hell off a fight to even get where I am now

Are you getting legal aid? If you are, get a barrister on the case. Is his solicitor turning up or is he self representing. I would imagine the case will be heard in his absence if it's going to the crown court

Hi

I get no legal aid I'm not entitled to any help. But I cannot afford a solicitor either so representing myself. First court date he just said he couldn't come but was not approved and he should off turned up at court. Second time no one has heard anything he didn't turn up and one month cafcass tried to contact him. Now is being heard again before a judge instead of magistrate. They said a judge has more power but I do not know what they mean by this either?

Has he given the court any excuses, or just not bothered?

The Court could consider appointing a Guardian to represent your daughter's interests since her father is ignoring them. Worth suggesting at the next hearing.

Hi

First time he gave an excuse to still everyone is unaware why he didn't turn up and wasn't approved court was still arranged and second time nothing he just didn't turn up. Now third I pray he does but who knows and I will ask for that if he doesn't turn up as this going to far now and is really unnecessary.

Have you asked for a change in residency? So she can live with you?

I had a case this week where the father failed to attend. Final order made in his absence.

I wouldn't change residency as she is settled in school and her friends and he is a great father and she's happy but regarding equal rights he's seems really sure to make this a very lengthy process for some vendetta he has against me.

Could I ask with the final court order without him being there they will send to him in post I guess with order but what if he doesn't do what the court order says also I saw on google that police rarely enforce the order unless child is in danger.

A judge can award a child arrangement order as you are requesting without the father present, especially as you will have over a year of contact centre observations to support your application.

I would however, imagine a guardian would be appointed first.

You would need to return to court with the order in place as it sounds as though he will breach any order granted, he would be arrested / held due to non compliance.

He’s clearly not a great father if he’s putting continuing his abuse of you over the well-being of your daughter.

Contact centre visits for a year? What did you do?

@slipperywhensparticus OP said she left an abusive relationship and was seen as homeless when staying with family

The police do not play any role in enforcing child arrangements orders. they only intervene in cases of child abduction and where there is a risk of harm to a child.

You have to make an enforcement to the court on Form C79.

My ex was arrested for sexual assault on a minor child I was told a contact centre would be six sessions two months max they it would be moved forward and since when does living with family mean you cant see your kids outside a contact centre?

Hi all I did six months indirect contact and 6 months contact Centre when staying with family I did not have own room was sharing with cousin there for Cafcass felt she needed her space. Also just to add in no way or form has abuse ever occurred not one report ever but I had my eye socket broken and was raped and was made pregnant (to try and trap me) my work was effected my family he stole all my money it was a very dangerous time for me and that was deemed not safe for her hence indirect contact to let things settle. I didn't do nothing nothing just unfortunately got into very bad situation that I did all my best to get out off which I done. Thank you all for your advice and hopefully he will turn up at court.

Well done for getting out that situation OP, that must've been really tough.

I don't have any advice to give but I hope you get to see her out of the contact centre soon

An order can be made in his absence, the court may adjourn and include a warning that final orders may be made at the next hearing even if he fails to attend.
I cannot imagine they’d appoint a Guardian, no grounds to do so based on non-attendance, but given the history they may seek more information from Cafcass about the progression of contact if it hasn’t already been covered in court what the expectations were.

Yes see if they will get an order in his absence its beyond shit of him not to even show up