Dear Matt749
Thank you for your e-mail.
As there is a Court Order in place and from what you have told us your ex partner could be breaching this, we would advise that you bring an application to Court for enforcement of the Court Order. The form you need is a C79 and this can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee involved for this but you would need to check the fee with your Court. If you feel you may be entitled to a fee exemption the form is a EX160a for this
If you do have concerns regarding the care of your child you may want to consider applying to the Court for a Residence Order. You may want to consider applying for this Order on the basis that your ex partner is not acting in your child's best interests.
If you do wish to apply for a Residence Order you can do this by completing a form entitled a C100 form. This form can be obtained from your local Family Proceedings Court or from www.justice.gov.uk. There is a fee of £200 for this application unless you are eligible for legal aid. There is a fee exemption form you can complete entitled EX160A.
We would strongly advise that you look at the Welfare Checklist when deciding whether or not to go for a Residence Order. This checklist is what Judge’s look at when deciding whether or not to grant a Residence Order:
The Welfare Checklist - section 1 Children Act 1989
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question
Should you wish to discuss your matter any further please do not hesitate to contact us back via our webchat facility which can be found at www.childrenslegalcentre.com and is available 9am-6pm Monday to Friday.
Yours sincerely
CORAM CHILDREN’S LEGAL CENTRE