Help with fighting for my son.

[thephoenix]

Hi All. It's been a long time. Hope all is well & A VERY MERRY CHRISTMAS TO EVERYONE.

I was hoping for some assistance on a little matter regarding a prohibited steps order. I wont go into the history of the issue just yet as it's a long story. But I wondered if there is anyone around who could comment on the following.

I applied for an emergency Prohibited Steps order on the 15th of this month, which was granted (hearing to be held 22nd Jan 2015) There are a few directions issued by the court, one being......

5. Compliance
a) No document other than a document specified in this order or sent / delivered in accordance with the rules or any practice direction shall be sent / delivered by any party without the court permission.
b)Any application to vary this order or for any other order is to be made to the allocated judge on notice to all parties.
c)In the event of non compliance by the person with any order or direction made today,each party shall be responsible for notifying the court of the same, in order to avoid delay.
.........If you neglect to obey this order you may be held in contempt of court.


What does the compliance section mean exactly????? No involvement of solicitors letters? no further court orders??? until this is heard on the 22nd Jan.

Many thanks

[thephoenix]

Re: Help with fighting for my son.

The reason I ask is because yesterday I received a solicitors letter from ex and today I received an order from the court for 'time for service be abridged' ..... to be heard on the 6th Jan. 2 weeks before the original hearing date.
This order was not issued by the allocated judge nor was i notified, as per directions in the original order.

I believe this to be in contempt of court hmmmm

Thoughts....... :reindeer:

[leclerc]

Re: Help with fighting for my son.

Contact the court that issued the order in post 1 and ask whether going to a different court is a breach of that order.

[thephoenix]

Re: Help with fighting for my son.

Hi. Yeah that's on the cards, tried ringing yesterday but they were closed. Have to try on Monday. I also have a telephone appointment with CAFCAS on the 7th Jan, I assume this is for the court to get their input on the matter. That is in jeperdy now cuz of new hearing date. I did contact CAFCAS but have to wait till 2nd Jan at the earliest for a call back.
Thanks

[thephoenix]

Re: Help with fighting for my son.

I had to issue this order as my wife was having an online affair with a guy from Norway. She tried to take our son to Norway to visit him behind my back. He is an alcoholic.
I came home one day to a letter that she was going away for a week.
She cannot take our son out of the country without my permission (it would be child abduction) and I'm not going to allow her to take my son over to Norway to meet her alcoholic on line lover..... Not going to happen.

[stevemLS]

Re: Help with fighting for my son.

Assuming the words "Liberty to apply" or anything similar were included in either Order, there is generally nothing to prevent a party applying to vary a previous Order and applying for and gaining a subsequent Order will rarely, if ever, amount to a contempt.

They just have to persuade the court that it is "in the interests of justice" for a previous Order to be varied.

[thephoenix]

Re: Help with fighting for my son.

No 'Liberty to apply' included in any order.
The compliance section seems very clear tho. Any further order must be applied to the allocated judge. This was not.

[stevemLS]

Re: Help with fighting for my son.

Afraid the compliance with allocated judge does not mean much, the allocated judge could of been on holiday, off sick, etc etc, a court order is what it is, it does not mean it is a contempt.

A contempt usually means a party acting in deliberate defiance of an order, a judicial decision won't amount to that.

Sorry.