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Enforcing a CAO

4 replies

user1471525543 · 19/09/2019 10:51

I was hoping that somebody may be able to point us in the right direction until my DP can speak to his solicitor.

My DP and his ex have a 3 year old. She has previously stopped contact and he had to take her to court to regain access to his DD. He got a final order last year which she has ignored 8 times since then, including times while she was subject to a monitoring order (CAFCASS just asked her to stick to the order, no consequences). Last night she withheld access again with less than an hour's notice. DP is gearing up to return it to court for an enforcement order but is seeking advice on whether he could ask the court to change who his DD lives with at the same time. Recent evidence of low level neglect has also become apparent but he doesn't know if breaking the order 8 times, albeit resuming shortly after but never making up missing time, is enough to return it to court and what the threshold could be roughly for the court to consider changing who DSD lives with (the court have threatened ex with this once before). Any advice would be welcome to pass on to my very upset and worried DP. Thanks.

OP posts:
user1471525543 · 19/09/2019 10:53

Sorry, I should have mentioned too that his DD was awarded a guardian and solicitors of her own during the process to get the current order, will that effect proceedings at all?

OP posts:
Windydaysuponus · 19/09/2019 10:57

I was told if i didn't agree to stick to a court order - if one was made - I risked losing dc to exh.
He didn't get any contact. No order was made
But - court order in place for other dc he broke every fucking week and nothing happened to him.
Keep a diary, any incidents report her to ss. Your /his word won't change residency imo.
Speak to school, ask for reports about school work /social skills /behaviour /any issues. Get school on side.
Who takes her to Dr /dentist also keep records of its you /him.

prh47bridge · 19/09/2019 14:31

Yes, he can ask for the court to change who his daughter lives with. As the court has threatened her with this previously it could be successful. There is certainly no harm in trying.

user1471525543 · 19/09/2019 22:03

Thanks. He has met her teacher this week and made them aware of the situation. It was school who made him aware of a couple of issues. He's been to DSD's doctors today and requested a copy of her medical records but they are insisting they have to run it through their legal advisors first and that they have to tell Mum too, which we don't believe they do and he has as much right to them as Mum does.

He has also managed to speak to his solicitor this evening and will be seeing him next week for more advice. Things feel a little bit calmer tonight.

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