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Well I was in court last week trying to get a contact order enforced which my Ex had been breaching for the last 9 months. I received the Cafcass report 2 days before court saying they hadn't been able to contact my ex as her phone number was inactive. This made me suspicious so the next day, the day before court, I visited the schools, only to find that 2 days previous the children had been removed. I went to the house and it was empty.
When i got to court I informed Cafcass that i suspected that my Ex had done a runner, and he informed the court. Obviously my Ex didn't attend court informing them by email that they now lived 150 miles away. Anyway the court were umming and arrring about whether to move the case to the ex's new location, but I objected informing them that the case had already dragged on long enough. My ex had consistently ignored solicitors letters, failed to turn up for mediation, and ignored the attachment of the warning notice. In short she was just being obstructive. The court decided to adjourn for several hours but then informed me that although they generally agreed with that my Ex had moved to avoid court they weren't willing to pass judgment. Instead they are keeping the case where it is and ordering her to attend.
My main worry at the moment is that even if she does attend court and agree to varied contact order who will pay for the 5 hour journey to see them. I'm a mature student and my income as the guy at mediation said is pathetic.
Costs are very rarely awarded for family hearings I would expect she will have to pay for this herself and bearing in mind she also decided to move off her own back there isn't much she would be able to do to claim costs back.
Well what I actually meant was who will be expected to pay the travel costs for contact if and when contact is resumed. Will I have to pay to travel the 150 miles, will it be shared, or will she pay.
Tough one! I'm going through the same I would try and see if she is agreeable to meeting you half way.
I would certainly argue that she has moved purely to prevent contact - generally, it's hard to prove, but the way she has done it does give credence to your argument. It's certainly worth a shot to try to get an order for her to pay towards travel costs - enforcing it, however, might be another issue.
Well the question is academic really as despite being ordered she didn't attend court. The court released the email that she sent to the them for me to read and basically she is saying that she has never stopped contact it was just me not turning up for 9 months. Also that I can see the kids anytime I want. Which sounds good except she has changed her phone number and neither I or the court have any idea where she is living, except that it is somewhere in the Bournemouth area. :silly: Which to me doesn't really sound as if they are available.
Anyway the case is now being transferred to Dorset in the hope that she will magically appear. :boohoo:
Silly question, but if the case is transferred to Dorset, how are they going to let you ex know if they don't have her address?
Apparently it will be done through Dorset police, they have her address details as they did a safe and well check when I first discovered she had disappeared.
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