TOPIC: do i need to apply for a 2nd contact order??

do i need to apply for a 2nd contact order?? 3 years 11 months ago #68660

  • ash99
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hello, I hope someone can help.

2years ago I applied for a contact order to see my daughter.
we have been to court , been through caffcas etc and now we are (STILL) in the contact centre which means I should get top see her every other Saturday for 2 hours! by now I should have her on my own outside of the contact centre. ( as per the schedule.)

the last 4+ sessions, my daughter has not wanted to come in and see me,. my ex turns up with all her family and my daughter doesn't want to leave them. ..no progress is being made. ( before this, my ex's new partner was bringing her to see me, but as soon as it started to go extremely well, he said he doesn't want be the one to bring her no more.) she now calls him DAD etc...which the ex and him have instigated.

my ex is now not bringing her to the contact sessions and is not helping in anyway at all ( she hasn't helped through the whole thing, she doesn't want me seeing her full stop!)

I have called the courts and they have advice that the case is now closed, and the contact centre is advising me to go back to court!

do I have to re- apply for another contact order?

all I want is my set times and days to see my daughter before she forgets me all together she already thinks that her'' stepdad;; is her dad. ...

its been going on for too long now and I don't know where to turn to or what to do?!

any advice would be great!

thanks

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68661

  • Yoda
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Hi there

I have moved your thread to the Legal Eagle section where it will get more views.

You would have to apply to the court using a C79 form to have the order enforced, you do not have to attend mediation to make this application. Gather any written evidence you can of communication between yourself and the child's mother and ask the contact centre if they can provide any written evidence as well.

Unfortunately, the only other option you have is to attempt mediation.

Good luck

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

do i need to apply for a 2nd contact order?? 3 years 11 months ago #68662

  • ash99
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thank u so much for your quick reply!!! can I still send this form then even though the courts are stating that the case is closed??

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68663

  • ash99
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also would this still work, even though my ex does bring her to the centre but my daughter doesn't want to see me ( as she doesn't want to leave her mum) there has been one session ( last week) that she did not turn up, and as for communication between me and her, we did try mediation but she pulled out.

thanks

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68664

  • Yoda
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Provided you have an existing order in place that specifies you see your daughter at the contact centre, you can apply using that form.

In terms of the contact taking place, a court will instruct CAFCASS to assist with this. If the mother refuses to do the handovers the court will look into other options during the enforcement hearing.

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

do i need to apply for a 2nd contact order?? 3 years 11 months ago #68665

  • ash99
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ok, thank you very much. worth a try I guess. would u suggest anything else encase it doesn't work?

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68668

  • Yoda
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Other than mediation which you have already tried, the only route I can think of is to make an Enforcement application. Sorry not to have more options for you.

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

do i need to apply for a 2nd contact order?? 3 years 11 months ago #68671

  • ash99
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ok thank u very much for all your help.

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68673

  • Mojo
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Hi there

You are enforcing the existing order and as you state that you should be having her outside of the contact centre now, as per schedule, then there has been a breach of the order.

What did the schedule specify in terms of contact moving out of the CC, did it give dates etc?

You would state that the fact that all of the family now arrive with your daughter to drop her off, that this is making the situation much more stressful for your daughter.

If you are on a low income or receiving benefits you may be entitled to claim an exemption from the court fee, to do this you would need form EX160a.

You might like to consider attending a Families Need Fathers meeting in your area, you will receive advice and support and get to meet others in a similar situation,yourself. Here's a link

www.fnf.org.uk/help-and-support-2/local-branch-meetings

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

do i need to apply for a 2nd contact order?? 3 years 11 months ago #68894

  • ash99
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thank you for ur reply! sorry to just get back to you!

yes I have a letter with set out dates to when I should be able to have her.

the mother plays on it saying that she doesn't want to see me that's why she wont come through to the room to see me at the contact centre. but before, when she was coming through to the room ( when he stepdad used to drop her off, we had brilliant sessions!!)
im going to see how our session goes this Saturday. if there is still no progress then I will send off the C79 form

have been doing this for 2 years now...and it seems as if no one wants me to make progress with her.

unfortunately im not on benefits and on a ok wage so I will have to pay.

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68914

  • ash99
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also @mojo would it go in my favour that I have been trying to get access for nearly 2 years? isint there some sort of time limit it all should be completed by?

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #68955

  • actd
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I don't think the length of time will have much bearing on the outcome - the case was closed as the order was made, so really it's a fresh start as this will now be a new application for enforcement.

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