What now?

[justpassing]

I wonder if someone can answer what I hope is a simple question.

I have a residence order for my two children, after contact their mother only returned one of them. I returned it to the county court where she was given a date and time to return them, this order was once again ignored.
What form do I have to fill out now for further enforcement?
Many thanks, the process has changed so much recently that you cannot even speak to the counter staff at the court, unless it is an urgent application.

[Diana M]

Re: What now?

Do you know the reason why one child didn't return? Was it their mother's decision or the child's decision?

It probably won't effect your legal rights, but it's always helpful to know what causes a situation

Di

[justpassing]

Re: What now?

Do you know the reason why one child didn't return? Was it their mother's decision or the child's decision?

It probably won't effect your legal rights, but it's always helpful to know what causes a situation

Di

His mum said he wants to stay with her, my son is fifteen and I believe there is some truth in what she says. But it is a bit more complicated than that, he would not have the choice without me going into to many details.

[Diana M]

Re: What now?

His mum said he wants to stay with her, my son is fifteen and I believe there is some truth in what she says. But it is a bit more complicated than that, he would not have the choice without me going into to many details.

The court will want to go into those details though. A fifteen year old will have a voice in court proceedings.

They can be very wilful at that age. I know my daughter was. If a court were to have asked her which parent she wanted to live with she would probably have said "neither"

Di

[justpassing]

Re: What now?

The court will want to go into those details though. A fifteen year old will have a voice in court proceedings.

They can be very wilful at that age. I know my daughter was. If a court were to have asked her which parent she wanted to live with she would probably have said "neither"

Di

Oh I know the court will want to hear all the details, but I actually have no worries that I would lose that particular argument. My problem is just knowing where to go next, as in what do I apply for now.
Just a bit of background- I have been doing this for eight years now, I started paying which cost nearly forty thousand. Then I represented myself for quite a bit but I did manage to start and win an appeal. Then I went onto legal aid. Since the legal aid has all but stopped for Private family law cases I thought they would have made the process a bit more user friendly, but they seem to have gone totally the other way and made it much more difficult.
I know that the mother has been told if she wants to change then order then she has to apply to vary but she wont do that, she doesnt seem to think that orders and instructions apply to her. I could actually write a book on the last eight years. I actually have documents, orders, statements etc that are nearly two feet tall.

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Also if it makes a difference, we are no longer on Districct Judges but are now dealt with by circuit Judges.

[Crazy council]

Re: What now?

Hi [MENTION=89909]justpassing[/MENTION]

Just jumping into say, i have been in the similar position as you in 2009, so understand some of the difficulties faced when your trying to do the right thing for the future, but everyone else ( ex and the child ) is more concerned about the right now. I had my daughter since 1994

The original order, does it restrict the other parten in any way, apart from visiting hours/times ( dont need no details, just if there are restrictions )
Do you still have a cafcass officer,

I have a residence order for my two children, after contact their mother only returned one of them. I returned it to the county court where she was given a date and time to return them, this order was once again ignored.
What form do I have to fill out now for further enforcement?

If you have a order, it would be social services that enforce it, and it should just be a case of notifying them.

[justpassing]

Re: What now?

There are no restrictions in the order apart from contact times and Christmas arrangements. It is a standard order with a penal notice attached.
Social services will not enforce and neither could they, its not in their remit.

I just need to know what further order to seek really.

[Crazy council]

Re: What now?

Hi

Did social service formaly state they wont enforce it.

Few Questions ( may enable someone to give you a clear answer )

How long has the order been in affect ( ie when was it imposed )
Is the child in question older than 12 ( means there wishes will be important ) ( just seen he is 15 )
Has it affected the kids schooling or routines
Apart from not complying with the order,,, is it causing any other bother, ( like with the other sibling )

I just need to know what further order to seek really.

It would depend on the circumstances and some of the questions above, but
at a guess, it may be an application to vary the original order. To add the terms you need

http://www.familylaw.co.uk/system/up...8/CB1_1108.pdf

Although i thought Social had to enforce them, but lots has changed since 2009

[justpassing]

Re: What now?

The social services would not get involved as there is no immediate risk my son, I have never heard of social services enforcing an order in private law proceedings.
Not sure why I would want to apply for variation of the order that is in my favour.

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The court will want to go into those details though. A fifteen year old will have a voice in court proceedings.

They can be very wilful at that age. I know my daughter was. If a court were to have asked her which parent she wanted to live with she would probably have said "neither"

Di

Do you have any idea what I need to apply for now in terms of enforcement?

[Diana M]

Re: What now?

The social services would not get involved as there is no immediate risk my son, I have never heard of social services enforcing an order in private law proceedings.
Not sure why I would want to apply for variation of the order that is in my favour.

Do you have any idea what I need to apply for now in terms of enforcement?

Family Law is not my legal speciality.

But I am a divorced mother who found myself piggy-in-the-middle of a situation which meant that no matter how many court Orders were made about residence/access (which I was willing to obey and quite frankly I would have enjoyed the respite from a teenager) my daughter simply didn't want to spend (enforced) time with her Dad.

You've said that the decision not to live with you has come from your son and you think that may be true. So would mediation be an option?

His mum said he wants to stay with her, my son is fifteen and I believe there is some truth in what she says.

Di