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Family court hearing

16 replies

halloweenseason13 · 05/10/2019 15:11

So had a final hearing two months back, contact wasn't following after the hearing at all, no contact was allowed.

Judge granted another hearing in two days after explaining no contact was allowed and the ex threatened to contact the police if dp continued to try to collect ds.

Just wondering if anyone could tell me what will happen at this hearing? Just spent £2k two months back so do not have the funds for anymore legal advice.

Ex is stating contact is stopped because the new address wasn't the one cafcass checked- so a new order and checks have to be done. No safe guarding concerns plus cafcass didn't check the other home either just asked some basic questions.

OP posts:
Collaborate · 06/10/2019 02:09

Your post isn’t very clear at all.

halloweenseason13 · 06/10/2019 02:49

After the final hearing the contact between father and child was prevented by the mother.
The court order was ignored by the mother and the father hasn't seen the dc since.

Father is going back to court next week and was wondering what will happen?

OP posts:
avamiah · 06/10/2019 02:53

Sorry OP but your post isn’t very clear at all .
Are you talking about social services and Care Proceedings ?

avamiah · 06/10/2019 02:57

Is there a court order in place ?

IDontBelieveYou · 06/10/2019 08:45

Okay so this hearing is between your DP (the father) and his ex (the mother).

At the last hearing, contact was ordered but mother didn’t allow it to happen. Your DP has applied back to court, explaining that mother isn’t allowing the contact the court has ordered.

You want to know what will happen at the new hearing which is taking place in 2 days, is that right?

What’s the difference between the old address and the new? How far has the father moved? Or was the old address his address and the new one is yours?

halloweenseason13 · 06/10/2019 10:29

@IDontBelieveYou yes that's right.

We have lived together for years. The difference is that she believes cafcass didn't do a check on the new address. So she has not allowed contact since it was signed by the judge at the final hearing.

OP posts:
halloweenseason13 · 06/10/2019 10:36

A basic Family contact order was agreed 8 weeks ago.

No safeguarding concerns.

The first contact day after the court order mother took dc away so contact didn't happen, the next contact day she stated the new address was a problem and told dp he had to either take her back to court for a new court order or not see dc.

Sorry for the confusion. It's been a year of this and I tried to write the post without going in to all the detail.

OP posts:
IDontBelieveYou · 06/10/2019 14:24

So unless the original order specifically states that the contact takes place at the old address, she’s in breach of the order.

Has dad moved further away?

halloweenseason13 · 06/10/2019 16:10

No it doesn't and no we haven't moved far. All the court order requested was for the new address to be given to the mother a week after the final hearing.

OP posts:
IDontBelieveYou · 06/10/2019 17:06

So the court were aware of the house move? Did the father give the new address at that time?

prh47bridge · 06/10/2019 23:02

Based on the information you have posted here the mother is clearly in breach of the order. If the order has been endorsed with a penal notice the court may take action against her. Having said that, the courts tend to give multiple chances to the parent with residence. Ultimately, if she continues to block contact, she could be imprisoned and/or residence could be reversed so that the child lives with you. However, neither of those things is likely to happen at this stage.

halloweenseason13 · 07/10/2019 00:24

Thank you @prh47bridge

It's an hour hearing so was just wondering what would happen on the day plus the judge sent over a new court date without asking for a enforcement payment.

OP posts:
MrsBertBibby · 08/10/2019 13:40

So how did the matter get back before the judge? Did your partner just write in?

halloweenseason13 · 08/10/2019 16:13

Dp just email the judge.

OP posts:
MrsBertBibby · 08/10/2019 17:15

Nice judge! Not many would do that!

If that's the case I imagine the judge will treat the hearing as an opportunity to spell things out very clearly to mum. And explain the consequences if she continues to mess about in words of one syllable.

I'd expect him to assert that his order stands.

UnbowedUnbentUnbroken · 10/10/2019 16:41

Clear breach. I expect she will be given a thorough dressing down by the judge.

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