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

do i need to apply for a 2nd contact order?? 4 years 3 days ago #68967

Unfortunately as with most things in the family court these things can take a long time so i would advise you if possible to apply for an enforcement order then you should get a first hearing within 20 working days.

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do i need to apply for a 2nd contact order?? 4 years 3 days ago #68973

  • Mojo
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ash99 wrote: 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?



If your existing contact order had a schedule that states that contact takes place in the CC and then moves outside it should also state when this is to happen. If there is no stated time frame in the existing order then it would be difficult to enforce and you would probably be better applying for a variation of the existing order.

You mention a letter that sets out the dates, is this what you mean when you say there is a schedule? If it's not in the order as well it's not legally binding and can't be enforced.

If this is the case and your order states that contact should be moved outside of the CC but has left it up to the parents to decide when that should happen, then the courts may view the fact that she hasn't allowed that to happen in your favour.

Before a new application to vary the existing order can be made you will need to attempt mediation to try and sort this out.

If however there is a specific timeframe written into the order, to move contact outside of the CC and this didn't happen by the stated date, then she is in breach of the order and you can skip mediation and go back to court with an application for enforcement.

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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?? 4 years 2 days ago #69027

  • ash99
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before i took it to court we had mediation which she then stopped attending. and i cant imagine her trying mediation again. saturdays session did not happen again. she turned up witht the whole family..again! thats why my daughter does not want to see me as she doesnt want to leave them. i will be sending the form off tonight so fingers crossed that it works, with enclosed our court order, the contact centre schedule. thanks for everyones help!! means alot

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Last Edit: by ash99. Reason: not enough info

do i need to apply for a 2nd contact order?? 3 years 11 months ago #69204

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so new issues has arisen! since the last session was not successful, and I said I was going back to court, she has now got in contact with mediation and wants me to attend which is not a problem as we need to communicate! so I haven't sent off the from yet! however... I have just read that if I am not entitled to legal aid ( which I am sure I am not) I will have to pay for sessions! where do dads stand if they can not afford this? all I want to do is see MY daughter but its like I have to pay to see her! I already pay CSA each month without a problem. all I want is my days and hours I can see her. im running out of options!

how do dads get through this?! its a joke!

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #69304

  • actd
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Is your ex entitled to legal aid? I have a vague recollection that if either of you are entitled, then mediation is covered, but I'm not 100% sure on this.

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #69329

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im not 100% sure, she was the first time round, but now she has a partner etc and last time she played the domestic violence card ...im going to apply myself and see what happens :(

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do i need to apply for a 2nd contact order?? 3 years 11 months ago #69382

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ok, let us know how you get on.

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do i need to apply for a 2nd contact order?? 3 years 10 months ago #70662

  • ash99
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so here's my update.
the sessions are going well with my daughter again. Thank god!
I have had a mediation session with my daughters mum, she wants us to keep the sessions in the contact centre but will let me take her out side for 1 hour..as long as sign her passport., as she is going to Disney land . I have said I will sign it as I don't want my daughter missing out.
she doesn't not want me having any more contact other than the 2 hours a fortnight though!!
what I want to know is where to go from here...what do I do if I want more access??? do I summit a whole new court case?? when do I get to win at this? all I want is a set day and time to pick my daughter up and take her home, I have done everything I have been asked to do for the past 2 years and all I get is 2 hours a fortnight :( im willing to keep fighting but how long does this take? any advice would be much appreciated!

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do i need to apply for a 2nd contact order?? 3 years 10 months ago #70667

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Hi ash, glad to hear the sessions are going well

If you can't agree in mediation, the only choice is to take it back to court.

If you want to enforce the existing order, it's a C79 form and if you want to vary it, it's a C100 form

Enforcement hearings are listed faster than CAO hearings but it's difficult to predict how many hearings it will take to get things back on track or increased for you.

I'm sorry I can't be of more help with a timescale but it will depend on what you apply for, the judge you get and what your ex's position will be when you attend.

Let us know how you get on and if we can offer any further help.

Good luck

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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 10 months ago #70675

  • ash99
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Thanks for replying, im so gald dads like me have this forum to help! :D

Whats the difference between enforcing and varying the order? Im not too sure whAt form will be best?? In the long run i just want more access to see her instead of 2 hours and be able to see her birthdays and Christmas. She told mediation that she will not allow me to even watch her open her presents

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do i need to apply for a 2nd contact order?? 3 years 10 months ago #70678

You need to get this nipped in the bud mate and get it back to court ASAP as a variation order It's a joke been stuck in the contact centre for this long you should of been out there years ago your EX will be playing on it and at the end of the day she is still calling all the shots they see it as having complete control over you still so bite the bullet put your foot down and either vary the order of make a fresh application you should be spending at least every other weekend with your child and one night mid week by now but I'd be proposing a schedule of weekly contact with at least one night.

What ever you do the ex will kick up a fuss and probs made things difficult but you will almost certainly get a whole lot more contact than you are getting now the courts will defo order this it is a complete joke after all this time your ex is saying you can't see your little one open her presents 2 years is far to long stop this getting dragged out any longer you should of been out that contact centre within 3 months you can never build a proper relationship with your child in one of them holes.

If I was you I'd make a complete fresh application whilst your still in the contact centre mediation doesn't sort anything out as the ex can still forever play games and drag it out.

All the best

Slim :)

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I'm no way trained in Family court matters so don't take my ramblings as gospel but I've been through the Court mill and learned so much along the way I just like passing my experience on to other Dads who face this absolute nightmare from hell, you might not be able to beat the system but don't let it beat you :)

do i need to apply for a 2nd contact order?? 3 years 10 months ago #70680

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Cheers for the advice mate! Im going to go back to court just need to get the funds together! Which form is best do u reckon ? The c79 or c100? Ur right she is still controlling it all, ive been in that contact centre for over a year now, 2 hours a fortnight is all i get! Joke!

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