[Solved] Need help submitting forms

Hi there,

A residence order is accepted as being in your favour....I'm not actually sure what you are applying for....you already have a residence order, was there specified contact for the mother written into the order? If so is this what you want to change?

You cant make someone stick to set terms of contact I'm afraid, if she is so unreliable no defined contact will necessarily change that.

As their relationship has broken down to such an extent, and the living conditions, and the partners drug use raise safeguarding issues, I personally would want any contact to be supervised in a contact centre. I would want the sessions monitored and reports of the interaction between them so that assessment can be made.

Perhaps you should write to the solicitor and tell them that because the contact visit went so badly and because of the mothers emotional state that this is having a detrimental effect on your daughter. In the circumstances and acting in your daughters best interests you would only be prepared for contact to take place supervised in a contact centre. Initially this should be for 1 hr a fortnight and dependent on the assessments by the contact centre staff being positive, that contact be moved forward slowly putting your daughters well being at the forefront of all decision in this respect.

It might be helpful for you to attend an FNF meeting in your local area, there you can discuss your situation and get help and advice going forward. Here is a link to their webpage where you will find information about branch meetings in your area.

www.fnf.org.uk/local-branch-meetings

Hi, thanks for the reply.

Regarding the residence order, I would like the part about my ex being able to take her for up to 2 nights removed.

I completely agree about the supervised contact, but didn't realise there was such a thing as a contact centre.

I do now also have a signed statement from an ofsted registered child care professional, stating that there are safeguard concerns, if my ex partner were to take my daughter.

Then you want a variance of contact order. Theoretically if overnight contact is specified in the order then you are in breach of the contact order. The mother does have the right to take you to court for enforcement of contact.

I'm interested to know how she has the services of a solicitor, legal aid is no longer available for family law cases.

My son is currently going through court for variance of contact. He has custody of his son, the mother had also applied for enforcement but this has not been upheld because my son had good reasons for suspending contact, due to serious safeguarding issues.

There are two types of supervised contact at a contact centre, the first which is called supervised contact is strictly monitored and assessments are made. The second type is called supported contact, this is where the centre is used as a venue but there isn't any monitoring and its more informal. I would suggest you go for supervised contact.

In the circumstances a letter to her solicitor is the appropriate action in my opinion, outlining your duty of care for your daughter, your concerns and your proposals for moving forward.

If she takes you to court to try and enforce the contact it appears to me that your concerns about the mother are serious enough to warrant breaching the contact order so I wouldn't worry about repercussions.

Here's a link to the contact centres website, you will be able to see what centres are available close to where you live and what availability there is. There is usually a charge for using the centre and this should be met by the mother. You could then include this information as part of your proposals in the letter to her solicitor. Make sure you keep a copy for your records.

www.naccc.org.uk/

I also meant to say I would hold off on making your application for variance at the moment, see if the letter to the solicitor is effective first. Remember you are the resident parent and you have the right to act in your daughters best interests and if you consider that there are serious safeguarding issues then you have a responsibility to protect her from any risks.

Thank you again for the reply.

I may have been a little unclear, I have never stopped her having contact or taking her as agreed in the residence order, it is her that has never bothered. However, now that she lives with a known drug user and the other safeguarding issues, I would like to have the order changed, before she decides to try and take her.

I will definitely go the route of writing to her solicitor first, stating my concerns and that I am requesting supervised contact, I have found my nearest contact centre in Peterborough, thank you for the link.

From what I can gather, my ex has absolutely no intention of going to court, her last solicitor dropped her mid case, due to the lies she was being told. I think this is a 'behind the scenes' push from my ex partners father, who walked out of my daughters life 2 years ago, then out of the blue, knocked on my door a fortnight ago. A week later, this all kicks up and I receive the solicitors letter. My ex is not entitled to legal aid, and definitely can't afford solicitors fees to keep racking up.

I understand... Give the FNF meeting a go too I think you will get a lot of benefit from it and if you decide to make a court application you will get plenty of practical help and support from other parents going through the process....and of course there are plenty of members here willing to share their wealth of knowledge with you!

Good luck