Help! Need advice on Court orders.

[Mumof1]

Hi there,

This is my first time using one of these, I cannot afford a solicitor so this was my only option.

I have been in Court since last January with my ex-partner fighting for residency of my son. Children's Services are also involved.

Trying to cut a long story short, for a short period I was to be supervised with my son as allegations were made against me causing non-accidental bruising to him, this went on for a month or so until the supervision was lifted.

After that I had contact with him for 6 hours on a Saturday and slowly went into overnight stays (Which I had one full weekend before the supervision, it was the day after he returned to his fathers that I was made to be supervised).
My child's social worker felt it was best for my son to have one night a week with me and gradually build up to the entire weekend again to prevent causing any disruption or confusion for him.

We returned to Court in September and because our current arrangements were one night a week, that is what the Judge ordered (To make it easier). I have received notification that the final hearing will not be until January, I am wondering if there is anything I can do to get more time with my son (Social worker is in support of this) and make arrangements for Christmas? When the Order was made, it was only supposed to be until late November so Christmas arrangements were not thought of.

I am sorry if this does not make a lot of sense, I am really at a loose end here and I don't want to reveal too much of this ongoing case in fear I may cause some sort of trouble. :tinysmile_cry_t:

[Kafka]

Re: Help! Need advice on Court orders.

Hello and welcome

This is completely out of my area, but I'm sure someone here can advise. As its an unusual topic and members are volunteers you may not get a quick response so it gets buried in the older threads. If that ever happens, please bump up the thread so that it floats to the top. You can just write BUMP or use the icon :bump2:

Good luck with it.

[MissFM]

Re: Help! Need advice on Court orders.

Hi Mumof1 ,

Firstly, my sympathy for the difficult times you are going through - and I'm so glad that things are improving, albeit slowly.

All I can offer is that if your child's social worker is sympathetic to your desire to accelerate the extension of contact - and the parent/carer with residence is of the same mind - it shouldn't be that difficult to implement.

Social Services have huge clout in this and should be able to advise you on the correct legal route.

Otherwise, I would suggest a free initial consultation with an accredited Family lawyer for advice on process.

Please don't be in too much of a hurry - from the little you have said, you are getting there and it may be that trying to hurry things could be counter productive...I wish you luck with all my heart xx

[Mumof1]

Re: Help! Need advice on Court orders.

:bump2:

[stevemLS]

Re: Help! Need advice on Court orders.

It is an area I have some experience in.

Given that it was originally anticipated that the proceedings would be finally disposed of in November and that this will not now happen until January (delay is VERY common), there is nothing to prevent you making application to vary the order specifically to deal with the arrangements over Christmas.

You would not be well advised, in my view, to attempt to speed things up by variation application to any greater extent.

Given the importance attached to the Christmas period, the courts are well used to this type of application and any family practitioner (which I am not) will tell you that the court lists groan in the run up to Christmas with applications such as this. On that basis, if you made the Application as soon as you can, you are more likely to be able to secure a listing and the listing staff will thank you for your forethought.

It does cause very bitter disputes.

Good luck.

[Mumof1]

Re: Help! Need advice on Court orders.

Forgive me if this sounds silly, but how would I go about making this application and would it be costly?

I am the respondent in the matter that is currently in court, so have not had to pay any fees apart from those to any legal representation.

Thanks very much for your advice everybody, greatly appreciated.

[stevemLS]

Re: Help! Need advice on Court orders.

All the fees are in this leaftlet http://hmctsformfinder.justice.gov.u.../ex050-eng.pdf

This would be an application within proceedings, if the other side agree your proposed Christmas arrangements, the fee would be £50 for a consent order, if not the fee is £155. If you are on a low income you can apply for fee remission. The leaflet tells you how.

Without more information about the substantive proceedings it is difficult to tell suggest how to go about making the application. I am hoping someone with more experience than I in the family jurisdiction is going to jump in.

Assuming there is an interim contact order in place, I THINK this is the form you need. There are guidance notes with it.
http://hmctsformfinder.justice.gov.u..._forms_id=1078