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Child Arrangement Order & Enforcement

14 replies

IridescentShadow · 18/11/2021 18:41

I am the Non-Resident Parent but I have full Parental Responsibility. The CAO was made in January this year. My ExH is not keeping to it. If I apply for enforcement, can he use that as a vehicle to piggy-back a variation (he seems to be trying to further limit my time with them) or would the Court only deal with the issue at hand? Thank-you.

Also posted in Chat for traffic.

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Officialz · 18/11/2021 19:02

Do you mean your exh isn't making your child available for contact with you? What's his reasons?

Torment654 · 18/11/2021 19:07

They will piggy back it.

IridescentShadow · 18/11/2021 21:22

@Officialz

Do you mean your exh isn't making your child available for contact with you? What's his reasons?
Yes. I don't know, as the Child in question would previously not want to return to him after contact. He merely says he won't force her. There are no exceptions on the CAO.
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IridescentShadow · 18/11/2021 21:23

@Torment654

They will piggy back it.
Definitely? When he brought a SIO they kept it strictly to the subject.
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Pebbledashery · 18/11/2021 21:36

You're not really making much sense. What is the actual wording of the court order.

Torment654 · 19/11/2021 09:12

Specific s issue order is that - specific issues
Child arrangement is residency and contact in one.
It will be changed if the other parents contests it (two birds in one throw)
Sorry if this isn’t what you wanted to hear but knowledge is power

IridescentShadow · 19/11/2021 09:34

One of my Children (10) who previously didn't want to return to her Father after contact now refuses even to speak to me. Had the Children's wishes and feeling been the only thing they considered, they would never have moved to be with him but it's what he cites when he says they won't come.
Suddenly, she won't come and he doesn't seem bothered about getting to the root of it. I want to Order which isn't even a year old enforced; I am worried he will try to reduce further what contact I have, and I didn't know if he could do that with an Enforcement Order application I made or if he would have to apply for his own variation.

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Sonsofanklery · 19/11/2021 10:28

What was the reason they went to live with him, was it at their request?

Collaborate · 19/11/2021 13:39

They will piggy back it. An application to enforce a CAO is often addressed by seeing how it can be made to work.

Sharletonz · 19/11/2021 13:45

@Collaborate could I ask you a question as I know you're a family law solicitor.
Will a Judge order contact to restart immediately at an enforcement hearing, despite police, social care and other noted authorities saying it is unsafe - social care in particular have provided an assessment to say that contact is emotionally damaging and that the resident parent is at risk.
Just wondering how seriously a judge would take that? - apologies to piggy back onto this thread,

Collaborate · 19/11/2021 14:06

The court will look at the evidence and if there is good reason to delay resumption of contact then the court will do that.

IridescentShadow · 20/11/2021 16:04

@Sonsofanklery no, they didn't want to. It was Court-ordered.

@Collaborate problem is, it works well with two of.them and was working till it just stopped with one of the other two.

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Collaborate · 20/11/2021 16:10

I was responding to the post before mine, which I suppose highlights why posters should start their own threads.

IridescentShadow · 23/11/2021 00:05

Oh.

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