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Mothers moved cant ...
 
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[Solved] Mothers moved cant see my daughter please help


Posts: 2
Registered
Topic starter
(@Emilys dad)
New Member
Joined: 14 years ago

Hi Everyone

Please help, any advice would be great.

Had an e-mail this morning from Mothers solictor informing me Mother had moved. I have got contact tonight between 5:15 and 7:15 but I can't get there till around 6.00. Asked if the time could moved but I was told that I could collect late but must return her when the court order states.

I am representing myself. Is there an emergency directions hearing I could apply for and how do I do it?

Many thanks

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5 Replies
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

You need to speak to CLC on how to proceed. The contact order basically says when your ex must make your daughter available to you, there is no obligation for her to move the times, so if you think you need different times, then you need to try to mediate a change, or if no success, then apply for a variation in the contact order.

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(@Emilys dad)
Joined: 14 years ago

New Member
Posts: 2

Thanks for the reply. What is clc? Already tried asking and made suggestions but been told no. I am in court on 4th April for an overnight contact in Easter holiday (a 20 min contested hearing).

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

Apologies - I must stop using acronyms 🙂 )

CLC is the Childrens Legal Centre - they are a charity and will give free advice if you aren't being represented be a solicitor, and you will see a lot of postings on the forum by them (their postings always have a dark grey background). There is a link to their website on the front page of Dadtalk.

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Registered
(@Goonerplum)
Joined: 15 years ago

Noble Member
Posts: 1855

Hi Emilys dad,

I have asked the CLC to pop by and respond to your query.

Keep checking back for an answer.

Gooner

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Registered
(@childrenslegalcentre)
Joined: 16 years ago

Honorable Member
Posts: 447

Dear Emily's dad,

If the court order is specific regarding the time period of contact then you should comply with the order and return the child at times stated. The mother of the child would only be in breach of the court order if she failed to make the child available for contact according to the conditions, or if she moved such a distance that she makes it very difficult for you to have access to your child.

For more flexibility in the contact order or for the order to reflect the change of circumstances, then you could apply for a variation of it conditions. This would involve applying to the courts on a C100 form, which can be downloaded from the HMCS website. There will be a cost of £200 for make this application, unless you qualify for an exemption. Unfortunately, it is not possible to say how long it would take for the matter to be heard, as this is dependant on individual court availabilities.

Parents can agree on fixed term variations without the need to commence legal action, therefore it may worth considering other services such as mediation to help facilitate this. You can contact national family mediation on 01392 271610 for further information.

If your have nay further enquires please do not hesitate to contact us on 0808 802 0008.
Kind Regards

THE CHILDREN’S LEGAL CENTRE

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