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First I'll give you all some background. My son has residency of his 5yr old boy which was granted in Sept 2011. The mother was granted contact once a week for 2hrs after school and a full weekend every fortnight where she would pick him up from school on friday and have him the whole weekend taking him to school on monday morning. She would often be late picking him up and dropping him off, not giving him breakfast and not sending him to school on the monday with either a packed lunch or dinner money. the school is under an improvement order and is also a catholic school where we are Cof E. The mother put her children in this school as it was very close to her house, a two minute walk in fact.
In June last year my son talked to her about moving to the next village 5 miles away and the need for a change of school. She was agreeable to this and even stated the school he would be going to was much better! Come september 2011, my son dropped his boy at the mothers and said he would pick him up on sunday evening to which she turned nasty and refused, saying it was her time with her son and he would have to pick him up on monday as stated in the contact order. This was frustrating as he had her agreement previously, unfortunately he didnt get it in writing! He had no choice but to pick him up at 8am to take him home and get him ready for school....all very rushed. He planned to go back to court for a variance of the order and self represent.
That was in sept 2012, FFW to November, just a couple of months later, and we find out that the mother is under investigtion for violence against her other child. Not only that but her new BF has just been released on licence from prison for DV! My son went to the Social Services immediately to find out more and suspended contact. He received one txt from the mother abusing him and a letter from her solicitor to say that she would get in touch with my son to try and sort contact out! We heard nothing more from her until...FFW mid december and the mothers house raided by police and a cannabis farm with 33 plants was found in the bedroom my grandson is supposed to be using when he stays. This must have been the reason she was uncharacteristically quiet about the suspension of contact....too busy growing weed!
As it had turned from a straight forward variance of contact order into this complicated situation, my son decided to get a solicitor, thinking he would again be entitled to legal aid....Its turned out he cant get LA because his girlfriend works and they live together....that was three weeks ago, and so on the 29th January we submitted a C100 for variance of the contact order, asking for supervised monitored contact at a centre and no more overnight stays. We got the papers back to serve on her and when my son took them into her solicitors, they counter served him with an application for enforcement of the contact order! Both applications will be heard at court on the same day and time!
My son is at Uni, it was his first year when all of the trouble and custody battle was going on and so he is doing his first year again with the support of the Uni....now this, its so unfair!
We want to prepare ourselves and do everything right and on time but my son had legal representation last time for the Residency hearings, this time he is on his own! We have a court date for 13th March and really what I'd like to know is what we have to do and what we need to take to the hearing, do we have to contact the court or send them any more forms? ...and any information about what we should expect. Also as her enforcement application and our varience of contact application hearings fall on the same day and time, will they be heard as one case?
Thanks in advance guys and apologies for the long, long post.
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