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Failure to comply

Jrlee87

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I have been going through an ongoing court battle for visitation with my nearly 5 year old son. He was 2 the last time I saw him. My ex has been trying to delay the proceedings wherever possible which is why it has taken so long. The judge ordered a finding of fact hearing due to the false allegations raised by my ex. This was delayed a few times with the judge finally hearing evidence In My exes absence due to her failure to comply and appear for this particular hearing after being warned several times.



The results of the finding of fact was that there was no case to be heard and that I should have visitation with my son. He ordered for a section 7 report to be completed. This was completed in march this year with the findings being that she was claiming my son is anxious and very scared to see me again and that he doesn’t want that to happen. CAFCASS. found with his nursery corroborating there was no evidence of this and anything My son was saying about me was from things he has heard from adults not his own memories, but as it has been over 2 years since seeing him there recommendations was for us to go through the ICFA procedure.



My son is due to starts school very soon and I have asked my ex a few times which school he will be attending and she refused to tell me. So during the most recent hearing at court (the one to go through the section 7 report findings) I raised this with the judge and he said there is absolutely no reason for me to not know the school my son will be attending and she is to inform me if it. Aswell as confirming that we will go Through the ICFA process.



2 days after court I have messaged my ex to tell her that I am looking. Forward to being involved as much as I can and to see and understand how my son is getting on at school and which school he will be attending. She is now saying that my son needs to settle into

The school etc before she shares details with me in breach of what the judge ordered (again) she is represented by a solicitor and I am a litigant in person. Do I need to wait for the next hearing to raise this issue or can I speak to her solicitor to encourage her to give this information? . It’s extremely frustrating for me as I have tried to do everything by the book and not rise to her baiting me but it’s been so

Long since I got to see my son and I just want to know what’s happening in his life untill I have visitation with him with the ICFA process but she just keeps trying to find ways to prolong the inevitable and continue to control me. What can I do next I would be very grateful for any advice thank you in advance.
 
Contact the solicitor, what have you got to lose? The solicitor will at least advise as to why the information will not be provided should she/they refuse. I'd then email the court if they refuse to advise that the information hasn't been provided. I wouldn't wait for the next hearing, you're a concerned father that wants to care for your son, don't wait.
 
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