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  • please help advice

    i
    From my previous marriage I have a 6 years old daughter, I divorced in March 2016 and since then me and my ex wife ,we are having issues making a visiting schedule to respect.
    I was trying the amicable way ,but everytime we failed and things are becoming worse.
    I tried as well to solve things tru MIAM ( mediation) but she didnt agree that we can understood so next step is going to the court.
    I also have from divorce a notariale document certified by a notary in Romania,on mutual agreement where is stated that I can have contact with my daughter 6 days / monthly. She,my ex wife aloud me contact with my daughter more than 6 days per month but the main issues are the schedule,her treatment besides me, her personality and her behaviour towards me everytime I contact her regarding our daughter.
    I found it very hard to communicate with my ex wife and lately she finds everything an issue to bully me and to blackmail me that if I dont like her treatment and her visit plans she will not aloud me to have contact with my girl.
    So thats way I want to detach from this type of treatment unhealty for my new marriage and for my physical and mental health,and I was thinking that a legal visit plan will help me to have a quite life and regular contact with my daughter.
    just want to mention from the time I decided to take this way my ex wife is very angry and she doesnt aloud me to see my daughter anymore and she is very determined to go to court (she has solicitors friend who will help her for free). I would like to avoid the court because going to court can be very expensive.
    I was wondering if this document what I have has any value here or is any possibility to make it legal? how can i make a child visit plan for the court? i have difficulties agreeing with my ex wife about child contact,she refused mediation and now i have c100 fotm and next step is court.i dont have money for a solicitor so then i will represent myself...but i dont know from where to start?
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  • #2
    It sounds like your only option now is to start the court process. If you have a court order in another country you could look to register it in this country and if successful with this look to enforce it. In the alternative you can start proceedings here and ask for an order here.

    It is likely to be cheaper to get a new order rather than register the order and then enforce the order. You will need to complete the form C100 with all your details and your ex wife's details and send 3 copies to the court. The court fee is £215 unless you are exempt.

    Once you have sent the application to the court you will get a court hearing date. At the hearing you should tell the judge when you want to spend time with your daughter and why you feel you need an order. If there are no safeguarding concerns, i.e. there is no reason why you should not spend time with your daughter, then the court will hear from you and your wife and make a decision on what the order should be. This may not be at the first hearing though. If there are safeguarding issues raised the court may order a section 7 report which will make recommendations on what the order should be and there will be a further hearing following this.

    There are legal guides available to help you deal with the matter in person.

    Good luck!

    Cloudlegaluk

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