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More access 2 years 5 months ago #83997

  • ash99
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Hi, wondering if anyone can help me. I have been through the whole court process of, contact order, supervised visits, contact centre visits.I am now on speaking terms with the mother of my child but she will not let me have her no longer than 4 hours every other weekend, does any know what I have to do to take it back to court to get more hours/weekends with my daughter? Any advise is much appreciated !

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More access 2 years 5 months ago #84004

  • actd
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I think the short answer is probably yes. Is she in breach of the contact order? Is so, then you are looking at going for enforcement.

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More access 2 years 5 months ago #84008

  • ash99
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No, I wouldn't say she's breaching the order, I just want it down in writing the the days/hours I can have my daughter so she can not change it, we were sorting it through our selves, but it looks like it has now collapsed . I want something legal so she can't keep changing her mind as to when I can see her. Thanks for the reply

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More access 2 years 5 months ago #84015

Hi,

I was in an identical situation to you 3 years ago so i varied the original order. It will cost you the standard £215 fee, its a pain in the butt, its a 3 month process but if the mother aint budging it sounds like its your only option. As long as there are no mitigating circumstances to why you cant have anymore time with your child it will be money well spent. So download the form and ask for a "variation of the original order" and tell them what you want.

Best of luck

Paul

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Last Edit: by T135T0.

More access 2 years 5 months ago #84030

  • Mojo
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Hi there

It's such a pity the court didn't see fit to make the order more far reaching, or at least review your progress after six months to make sure that the mother was complying with the progression...I find it frustrating when the court choose not to tick all the boxes, as it often means that further applications are inevitable, which could have been avoided!

If you final hearing was less than 12months ag you could try writing directly to the judge that made the final order and asking if it would be possible to return to court as the mother is refusing to progress contact any further than 4 hours a fortnight. They may agree, but they may advise you to make a fresh application....it's worth a try.

If mediation was attempted more than four months ago, which is likely, then unfortuanately, you must attempt to resolve the problem at mediation first, only if this fails, will the mediator agree to sign the form to enable you to apply for a variation.

I think you should go for it, 4hoursa fortnight is totally inadequate and I'm sure you could Get a lot more than this, as long as there are no safeguarding issues.

All the best

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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.

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