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Breach of Contact or Residence Order: What to Do

By: Abigail Taylor - Updated: 21 Oct 2017 | comments*Discuss
 
Court Order Contact Order Breach Courts

A 'contact order' is an order made by the court that determines who is entitled to communicate with a child (either through face to face meetings or telephone calls, or indirectly such as by letter). A 'residence order' is an order made by the court that determines where and with whom a child lives. From April 2014, these orders have been replaced with a single 'child arrangement order' which covers both issues (given that they are intrinsically linked).

You can apply to the courts for a child arrangement order. For most parents, this will be the end of the matter, and both parties will comply with the order. However unfortunately for some parents, this can be the stage at which further problems begin, if the other party breaches the order.

What is a breach?

Arguably anything that does not comply with the order is a breach. For example if the order states that the non-resident parent should have contact every Friday from 5pm and contact is not provided until 5:05pm, this is technically a breach of the order. However it is important to be reasonable; the courts are unlikely to take any action if the breach is insignificant.

The courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. Further it is important to consider the needs of your child first and so some flexibility may be needed on occasion.

"I have a contact order which says that I have contact with my 14 year old daughter from 6pm on three evenings a week. My ex-wife has agreed that she can play netball for her school team on Wednesday evenings until 6pm which means that I won' see her until 7pm. Can she do this?"

Whilst it would have perhaps been better for your ex-wife to discuss this with you first, try to be flexible. Does your daughter enjoy playing netball? The courts consider a child's welfare as paramount and so her participation in such activities (if she wants to take part) will likely take precedence here. However if this causes you problems, perhaps ask your ex-wife if you can swop the day that you see your daughter to a day when she is home earlier.

"I have lost my job and have been unable to pay child support. I have a court order to see them twice a week. My ex is now saying that if I can't pay child support, then I can't see my kids. Is this a breach?"

Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the Courts.

"I have met someone I really like and would like to introduce my kids to her. I have a court order to see my kids every Wednesday and Sunday. However, my ex has said she doesn't want the kids to meet my new partner and that I can only see my kids when she's not there. Can she do this?"

Concerns often arise over a new partner being introduced to children. However the Courts will not impose a restriction on whether this person can be present during contact unless they can be shown to be a risk to the child's welfare (e.g. someone with convictions for violence or sex offences).

What to do if there is a breach

1) Discuss

The first step in the event of a breach of an order should be to try to discuss this with the other party involved. Whilst this can often be awkward when a relationship between you has broken down, this is the quickest and cheapest way to resolve the problem. When approaching the discussion, try to be flexible. If the breach has occurred due to a change of circumstances (such as the child moving from primary to secondary school, or the other party changing jobs) then maybe you could agree a way to vary the order to something that could realistically be followed.

[The Court does not have to approve any agreed amendments to the order. However make sure that you have this agreement in writing to protect yourself should a further dispute arise.]

"I've had a court order for three years to see my children and everything was working fine, until we had an argument last week when she refused to let them come, after the third week in a row. Admittedly, it got a bit heated and we had a big argument on the doorstep. She called the police and now she has taken out a non-molestation order against me. What happens now?"

If you are unable to contact the other party directly (for example due to a non-molestation order) you may need to ask someone you trust to try to discuss the issue with them, or as per step 2 below, ask a solicitor to correspond on your behalf. In this situation, it is likely that some amendments will be needed to current contact arrangements so that you and your former partner do not see each other. For example one of you drops the children off at school and the other collects from school. Contact or Children and Family Centres will also assist with the transfer in such situations.

2) Write

If you are unable to get anywhere by discussing the issue with the other party, write to them setting out your concerns and proposals to resolve the problem. If you have a solicitor, you may wish to ask them to write to the other party reminding them of their obligations under the order. [Keep a copy of any letters / emails sent in case you ever needed to refer to these in court.]

3) Consider applying to Court

Court enforcement should only be used as a final resort, as this will be added expense, and will generally only serve to increase tensions between the parties.

In order to apply to the Court for enforcement of a child arrangement order (or contact order / residence order), you will need to fill in, issue and serve form C79 (which can be found on the HMRC website). The Court will wish to see that other methods of resolving the issue have been attempted, which is where copy letters (as in point 2 above) are useful.

If you wish to apply to vary a child arrangement order, you will need to use form C100 (which can be found on the HMRC website)

If you are considering making an application to Court, seek independent legal advice. The Citizens Advice Bureau can provide you with free and independent legal advice in this regard.

What can the Court do if a breach has occurred?

There are a number of options open to the Court in order to punish the offending parent and try to ensure that the breach does not occur. Which route the Court takes, will depend upon the circumstances including the severity and frequency of the breach, and where the child resides.
  • The Court can impose a community service order, requiring the parent in breach of the child arrangement order to undertake up to 200 hours of community service.
  • The Court can fine to the parent in breach.
  • The Court can impose a short prison sentence on the parent in breach. (This is however very rare, as the parent in breach is usually the parent with whom the child resides and the primary carer.)
  • The Court may also impose an order for the parent in breach to pay the other party financial compensation if the breach led to loss (e.g. a cancelled holiday).
If in doubt, it is always best to seek legal advice. Citizens Advice Bureau provide free and independent legal advice and can be contacted on 03444 111 444.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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What is the maximum age a child needs to be before the courts won’t get involved? We are looking at going down this route for my step daughter, but she is nearly 15, does this change what we can do?
Kate6421 - 21-Oct-17 @ 12:34 PM
So left partner due to dv, there's a long story in between but gonna get right down to it, we have a court order in place where he has him 3 weekends a month, his girlfriend called me up telling me he's been abusing his kids, and our 15 month old son, throwing him, hitting him, screaming, shouting and swearing, she sent me messages that he sent her, so I know she's not lieing plus she's told social workers and police and I have aswell, there not doing anything, aswell as he wants to take him abroad and live there full time with him, without me even knowing, I have it stating that my son lives with me, I've told my solicitor about all of this and advised me against taking him to contact till he takes me back to court! social workers arnt backing me up, basically do I listen to my solicitor and my gut and not take him and risk losing him (would that happen?) or taking him and risk losing him as his dad is going out of his way to get full custody! what will happen at court if I don't take him?? please tell me what to do because I know he's capable of violence with his children, but no one will take me seriously enough to dour anything! please tell me what to do because my son is my life! I don't want to everify lose him
scurry - 18-Oct-17 @ 10:57 PM
rich - Your Question:
My ex has a molestation order out on me which states I cant have contact with her and her family. she has been contacting me with this in place, is she breaching the order

Our Response:
Yes, she is breaching the order. Likewise, if you accept this contact, more importantly so are you.
SeparatedDads - 12-Oct-17 @ 10:25 AM
my ex has a molestation order out on me which states i cant have contact with her and her family. she has been contacting me with this in place, is she breaching the order
rich - 11-Oct-17 @ 10:01 AM
Chants - Your Question:
My sons father isn’t aloud contact with me or his are son due to him putting me through domestic abuse and threatening to kill someone with a knife, since my son was born his father wasn’t even bothered and his excuse was always I’m to young to be a dad I’m no longer with him and was wondering if I can change my sons second name to mine due to everything that has gone on.

Our Response:
Regardless of everything that has occurred between you and/or your ex, you would have to still request his permission if he has parental authority. Please see Deed Poll link here. If your ex refuses, you would have to apply to court.
SeparatedDads - 2-Oct-17 @ 11:51 AM
My sons father isn’t aloud contact with me or his are son due to him putting me through domestic abuse and threatening to kill someone with a knife, since my son was born his father wasn’t even bothered and his excuse was always I’m to young to be a dad I’m no longer with him and was wondering if I can change my sons second name to mine due to everything that has gone on.
Chants - 1-Oct-17 @ 6:27 PM
Ginalilly - Your Question:
Need some help. My husband has regular contact every other weekend Friday to Sunday and half the school holidays. There is a court order in place. On occasion due to commitments we request for the weekend to be swapped. This is always dragged out in arguments for months( we give plenty of notice) and finally flat out refused which results in no contact for 4 weeks at a time. Is this a breach of the court order? Also during the summer holidays we had his daughter for three weeks solid, after the three weeks was up and we returned her she then didn’t allow fortnightly contact to resume until she had her for three weeks solid which resulted in 5 weeks without contact!!!! Are these breaches of the court order or will it be seen as a misinterpretation ? His daughter is really suffering and she really loves spending time with us and her stepsister. It’s heartbreaking.

Our Response:
As specified in the article, any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. However, at the same time, the courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. Therefore, if a breach occurs, your husband's best option is to request a solicitor sends a letter reminding his ex of her obligation and the repercussions if she continues to act in contempt of court. Then, your husband will have the details logged, should he at any point have to return to court to have the order enforced.
SeparatedDads - 28-Sep-17 @ 11:11 AM
Need some help. My husband has regular contact every other weekend Friday to Sunday and half the school holidays. There is a court order in place. On occasion due to commitments we request for the weekend to be swapped. This is always dragged out in arguments for months( we give plenty of notice) and finally flat out refused which results in no contact for 4 weeks at a time. Is this a breach of the court order? Also during the summer holidays we had his daughter for three weeks solid, after the three weeks was up and we returned her she then didn’t allow fortnightly contact to resume until she had her for three weeks solid which resulted in 5 weeks without contact!!!! Are these breaches of the court order or will it be seen as a misinterpretation ? His daughter is really suffering and she really loves spending time with us and her stepsister. It’s heartbreaking.
Ginalilly - 27-Sep-17 @ 11:23 AM
Linzzz58 - Your Question:
I would like some advise please my son as a son with is gf who lives with is gramma grandad it's along story of why my grandson lives with them basicly my son was accused constantly by social services of wrong doings which my son wasn't even born with what there accuseing him of every time we kinda sort it it's brought back up in reports and meetingsmy son is 22 years old and the person there accusing him of abusing is 30 years old social services decided to do a CBR check which later my son found out that the social services had cancelled is CBR check which they are reneging that they have cancelled it but CBR are telling my son different my son went to court the judge gave my son contact twice a week but my sons gf family have broken the order he hasn't seen is son in 8 months well to cut the story short my son got is contact back which was today 20/09/17 and out the blue my son got told yesterday he wasn't having contact due to is son being ill my son received a email from the contact centre stating refused to take is son to contact to see is father my son is slowly braking down it's given him health problems depression ect I just don't understand my son traveled 2 times sweet by train to see is son have you any advise please before anything happens to my son he desbrutly needs help and advise please

Our Response:
I am sorry to hear this. As specified in the article, if the family have breached the terms of the court order then your son needs to have the order enforced. Firstly, it would be advisable for your son to ask a family law solicitor to send a letter to his ex stating that his ex is in breach of the order and the letter should remind her of the terms of the order and the repercussions of the matter going back to court if she continues to breach the order. If this doesn't work, your son should apply back to court to have the order enforced. If he cannot afford legal representation, then he can self-litigate, please see link here .
SeparatedDads - 22-Sep-17 @ 10:19 AM
I would like some advise please my son as a son with is gf who lives with is gramma grandad it's along story of why my grandson lives with them basicly my son was accused constantly by social services of wrong doings which my son wasn't even born with what there accuseing him of every time we kinda sort it it's brought back up in reports and meetingsmy son is 22 years old and the person there accusing him of abusing is 30 years old social services decided to do a CBR check which later my son found out that the social services had cancelled is CBR check which they are reneging that they have cancelled it but CBR are telling my son different my son went to court the judge gave my son contact twice a week but my sons gf family have broken the order he hasn't seen is son in 8 months well to cut the story short my son got is contact back which was today 20/09/17 and out the blue my son got told yesterday he wasn't having contact due to is son being ill my son received a email from the contact centre stating refused to take is son to contact to see is father my son is slowly braking down it's given him health problems depression ect I just don't understand my son traveled 2 times sweet by train to see is son have you any advise please before anything happens to my son he desbrutly needs help and advise please
Linzzz58 - 21-Sep-17 @ 2:17 AM
Pauly - Your Question:
I have a court order and every other weekend when I don't have him I can FaceTime him. My ex tells me when I can call and I always call at that time, however she's started playing games and having my son out at this time, usually 6:30pm on a Sunday. He's only 4 and can't handle more things going on around him while on the phone to me and gets worked up and upset, I've sent her 2 solicitors letters asking her to ensure Rhys is at home and ready for the call at the times she states but it's clearly her intention to ruin the experience for both me and him. On the last occasion I hung up and called back when she said he'd be back at home (7:15pm) when she eventually answered it was 7:30pm on a Sunday and he was in the car (not in bed ready for his second week at school) she was also holding the phone up to him while driving and it was very upsetting for me to experience and when I questioned her over it she hung up. Do I go back to court, will they actually do anything? a month ago I had her new boyfriend assaulting me, and my partner called the police because I wouldn't tell them where we were staying for the weekend, I wouldn't tell her because of situations in the past where she has pretended to be my partner and said my son is in danger leading to the police turning up at her mums. She also goes away for weekends and doesn't tell me where she's going. she also refused to sign the court order because it stated 'we tell each other where we are going on holiday' until that sentence was removed because she won't tell me where she's going, but holds him hostage inside the house with her partner swinging punches outside until the police arrive and force her to hand him over. It's getting to the point of being unbarable and I just want someone to tell her it's not okay before someone ends up getting hurt over her bitterness.

Our Response:
As specified in the article, the courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. Further it is important to consider the needs of your child first and so some flexibility may be needed on occasion. Therefore, in the first instance you should try mediation in order to resolve the issues regarding the breaches and if mediation doesn't work, then you may have to apply to court to have the order enforced.
SeparatedDads - 19-Sep-17 @ 3:46 PM
I have a court order and every other weekend when I don't have him I can FaceTime him. My ex tells me when I can call and I always call at that time, however she's started playing games and having my son out at this time, usually 6:30pm on a Sunday. He's only 4 and can't handle more things going on around him while on the phone to me and gets worked up and upset, I've sent her 2 solicitors letters asking her to ensure Rhys is at home and ready for the call at the times she states but it's clearly her intention to ruin the experience for both me and him. On the last occasion I hung up and called back when she said he'd be back at home (7:15pm) when she eventually answered it was 7:30pm on a Sunday and he was in the car (not in bed ready for his second week at school) she was also holding the phone up to him while driving and it was very upsetting for me to experience and when I questioned her over it she hung up. Do I go back to court, will they actually do anything? a month ago I had her new boyfriend assaulting me, and my partner called the police because I wouldn't tell them where we were staying for the weekend, I wouldn't tell her because of situations in the past where she has pretended to be my partner and said my son is in danger leading to the police turning up at her mums. She also goes away for weekends and doesn't tell me where she's going. she also refused to sign the court order because it stated 'we tell each other where we are going on holiday' until that sentence was removed because she won't tell me where she's going, but holds him hostage inside the house with her partner swinging punches outside until the police arrive and force her to hand him over. It's getting to the point of being unbarable and I just want someone to tell her it's not okay before someone ends up getting hurt over her bitterness.
Pauly - 18-Sep-17 @ 11:44 PM
Asset - Your Question:
My son's expartner has recently breeched a court order by moving home ,changing the children's school and not informing him.He has no idea where they are and is unsure if he needs to know before he goes back to family court.Will the court do a search on his behalf to enforce the court order.He did have joint custody,sharing weekends and three days mid week.He doesn't want to waste any more money by going back to court and them being unable to find his children.He is obviously desperate to see them.Is there anything else he can do?

Our Response:
Unfortunately, he would have to refer the matter back to court to have the order enforced. The court can in some circumstances also order his ex to return with the children. If he cannot currently find his children, he would have to also fill in a C4 form which is an application for the disclosure of a child's whereabouts. This will allow the court to put a trace on his children so he can bring the matter to court. He can self-litigate if he can't afford the legal fees.
SeparatedDads - 11-Sep-17 @ 2:34 PM
My son's expartner has recently breeched a court order by moving home ,changing the children's school and not informing him.He has no idea where they are and is unsure if he needs to know before he goes back to family court . Will the court do a search on his behalf to enforce the court order. He did have joint custody,sharing weekends and three days mid week. He doesn't want to waste any more money by going back to court and them being unable to find his children. He is obviously desperate to see them. Is there anything else he can do?
Asset - 9-Sep-17 @ 4:19 AM
I have a court order that states I have to take my child to Weymouth on Saturday but my car has broken down and I have no other way of getting there. It means I'll be breaking the court order what shall I do.
Jennie - 31-Aug-17 @ 9:20 PM
Jd - Your Question:
My ex is moving to hull in live in london. We made a court arrangement I have my daughter sun to wed she wed to sat. But now going to hull I cannot have her. I work weekend.

Our Response:
If you have parental responsibility and you have a court order in place to see your child, your ex cannot move out of the area without your consent. If you refuse to give your consent, your ex would have to refer the matter back to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
SeparatedDads - 29-Aug-17 @ 10:40 AM
Myex is moving to hull in live in london . We made a court arrangement i have my daughter sun to wed she wed to sat. But now going to hull i cannot have her. I work weekend.
Jd - 27-Aug-17 @ 9:39 AM
poppy - Your Question:
Hi I'm not allowed to get my daughter from ex he don't want her to come to me on my week its been a month now an I don't knw what else to do the school foned me to ask if I new she was suicidal an I feel helpless we have had shared care since we divorced in 2013i need help pls anyone I cant afford a lawyer so what do I do I miss her she's turning 13 this year she allow to go to my mother-in-law an to him wu am I a stranger now

Our Response:
If your ex has breached the order, then your only option is to either suggest mediation as a way of resolving the issue, or take the matter to court. If you cannot afford court fees you can self-litigate, please see link here . Also, if you are on a low income you may be able to get a reduction in court fees, please see link here . I hope this helps.
SeparatedDads - 24-Aug-17 @ 3:29 PM
Hi I'm not allowed to get my daughter from ex he don't want her to come to me on my week its been a month now an I don't knw what else to do the school foned me to ask if I new she was suicidal an I feel helpless we have had shared care since we divorced in 2013i need help pls anyone I cant afford a lawyer so what do I do I miss her she's turning 13 this year she allow to go to my mother-in-law an to him wu am I a stranger now
poppy - 22-Aug-17 @ 10:02 PM
My son has his children there is a court order .the mum only have contact 1 night after school and every other Saturday and 2 days a week in the holidays he allowed her to have them for a week now she is not letting him have them back where do he stand ( the social services took it to court and took them off her this was in September 2017
Helpless - 14-Aug-17 @ 9:37 AM
Hi my ex is due to have children for 3 weeks of summer holidays but has now got a job and can't have them. Children would have to go to childcare as I also work. He is refusing to pay for the childcare during the 3 weeks that he should be having them. Court ordered. Where do I stand and what should I do?
Carlin - 12-Aug-17 @ 10:08 AM
I have a court order for my two youngest children which I've had for 4 years. My youngest son, aged 11 didn't come last week wher my ex said" he's upset with you for not coming to his leavers assembly so doesn't want to come" . He was fine on the day and knew I had been called into work, as my new partner dropped him off at school. This was totally out the blue and didn't know what to say at the time. I've gone toda to pick my children up from their mothers and again, my little boy wouldn't come. I insisted he told me himself and said he was upset as apparently I joked about not going. Also, he was upset that I'd laughed at him when we were playing archery in the garden! He refused to come and stayed with his elder sister- conveniently the ex had "nipped out" My eldest daughter -15 nearly 16 fell out with me because she hates my partner and I refused to go on holiday without her and her daughter and in turn am not taking my s all stems from their mother, it's been 5 years since we split and I'm still getting crap through the kids. My elDest is convinced I have a criminal record as her mum told her I have. The ex falsely accused me of assault and even put my then 10 yo daughter on the stand in evidence. I was exonerated in court as I had mobile phone recordings of her actually attacking me. But guess what, nothing happened to her. Nothing, nada. So much for perjury. I have Cafcass reports showing the children are being corrupted by the mother yet still nothing gets done. I'm at a loss what to do. In one hand, if my son doesn't want to come, I don't want to force him. Yet at the same time, he's 11, and an immature one at that. The mother is just doing her usual smirking away. What gets me is 6 months ago, my eldest was begging to live with me, she hated her mum. I talked her round and won't let the kids play me off against their mother. Yet it never ever goes the other way. She a typical hard done by single mum. She's on £50k a year plus £475 a month off me as I have a 5in 14 night order plus half the time in holidays. Never spends nothing on them, takes them on holiday with the grandparents as they pay to the lakes or wales. Me, despite being knackered financially, provide clothing (full wardrobes at mine) take them on foreign holidays Etc because my kids are everything. It's mugging here who bought them all iPads, laptops yet no matter what I do, the ex still slags me off to them. I'm really stuck what to do. What to I do with regards my youngest not coming? How do I pursue the court order not being followed? What do I do to stop the constant twisting of my kids by the ex? I really am at the stage now where I'm going to just give up and walk away. Why pay rent on a four bed home when me and my new partner could make do with a 2 bed? If I could have my time back, I'd have walked away, changed phone numbers and never contacted any of them again. Just cough up the maintenance and start afresh.thats the advice I g
Billc72 - 7-Aug-17 @ 10:25 PM
Should add as it maybe relevant I reside inScotland. I know Scots law maybe different from rest of uk
Phoenix - 28-Jul-17 @ 3:03 PM
Bobby - Your Question:
Hello, I had a contact order as my ex-partner was given permission to leave the uk in 2009. Not long after, I asked to see my child before they left; this was denied as they claimed that it would be detrimental to our child as their departure was imminent. I have now learned that they never left the UK and have since had another child. What can I do?

Our Response:
In this case I suggest you seek legal advice about taking the matter further and/or back to court to seek regular contact. Dependent upon the circumstances, the fact your ex deceived you for this length of time and breached the court order will not go down well if the matter goes to court.
SeparatedDads - 24-Jul-17 @ 11:05 AM
Hello, I had a contact order as my ex-partner was given permission to leave the uk in 2009. Not long after, I asked to see my child before they left; this was denied as they claimed that it would be detrimental to our child as their departure was imminent. I have now learned that they never left the UK and have since had another child. What can I do?
Bobby - 21-Jul-17 @ 7:01 PM
Angel - Your Question:
As I am a were there is no legal aid but how do I go about on the breaching court order side off things. As I said before I am ment to have my daughter for one tea time contacted one day week and dont get it ive never had it plus every other weekend shared I also get no school information and no medical information and not the correct contacted as my daughter who is aged 11 reached school age my contacted was ment to be increased and my exs wont increase it he takes time off me.school holidays are ment to be shared but I get 1 to 2 weeks thats it. I can never take her on holidays ive had to cancel day trips due my exs saying no he is very controlling towards every thing he never alows her to attend her own cousins birthday partys and not even her own half sisters. all he dose is acuse me off false allegations I dont get no parental responsibility even I do have it and know say in his actions and when my daughter asks for extra contacted to see me I just say to her ask ur dad. contacted is ment to be one day a week tea time. every other weekend and school holidays 50/50 Christmas and birthdays alternate but it all gets changed and days taken off via my exs it not fair on any off us.

Our Response:
If you need to take the breach back to court to have the order enforced you can represent yourself in court, please see link here .
SeparatedDads - 30-Jun-17 @ 2:50 PM
Angel - Your Question:
Hi I am ment to be haveing regular contacted with my 11 yr old daughter and my exs takes contacted off me its ment to be one day a week tea time contacted and ive never had that in my life with her. And its ment to birthdays and Christmas alternative and plus every other weekend eatch order says as our daughter reached school age my contacted should be increased but my exs never increase,s it ie school holidays I get 1 to 2 weeks that's all he wont allow her to go to none off my familys birthday partys ie her cousins and he won't let her attend her own half sisters either so far ive lost out on loads on loads off day trips ive had to cancel due him saying no and my daughter asks me why she can not see me when she asks her dad for extra contacted time with me I just sometimes dont know what to say I just say ask ur dad. and give her hug.

Our Response:
If there is a court order in place, as specified in the article your ex can be punished by the courts if he does not adhere to it. If your ex has breached the order then you can either ask a solicitor to write him a letter outlining the terms of the order and the repercussions if he doesn't comply with it. Or you can take the matter back to court to have the order enforced. If you cannot afford legal representation, you can self litigate, please see link here .
SeparatedDads - 30-Jun-17 @ 12:32 PM
Issue with ex's new - Your Question:
I am being taken back to court because I have apparently hbreached the court order allow my ex to see our daughter. This order was made 6 years ago BUT he moved abroad 4 years ago so it hasn't been in force. He recently returned back to the uk with his other child following major issues with the wife , she was drinking uncontrollably and he took the child without his permission out of the country. I allowed him to have regular contact with our child when he returned but after a few months the wife joined him and I suspended contact. This was after me saying I didn't want the wife around my child and him ignoring my request twice.This is not the first issues the wife has had , she had her first 3 children removed and later adopted because she was having issues with drink, drugs and was in an abusive relationship. This was several years before she married my ex. The original order states the wife is not to be left alone with my daughter but after having such major issues involving police and their child being put at risk. I have said he can see her but without the wife. Where do I stand legally ?

Our Response:
It is likely all the information given here will be taken into consideration by the court and a new issue ordered. While there has been a breach, the fact circumstances have changed over the last few years will also be taken into consideration, as will your concern with regards to his wife and her relationship with your child. It is unlikely you will be punished for the breach.
SeparatedDads - 30-Jun-17 @ 11:24 AM
As i am a were there is no legal aid but how do i go about on the breaching court order side off things .As i said before i am ment to have my daughter for one tea time contacted one day week and dont get it ive never had it plus every other weekend shared i also get no school information and no medical information and not the correct contacted as my daughterwho is aged 11 reached school age my contacted was ment to be increased and my exs wont increase it he takes time off me .school holidays are ment to be shared but i get 1 to 2 weeksthats it .. i can never take her on holidays ive had to cancel day trips due my exs saying no he is very controlling towards every thing he never alows her to attend her own cousins birthday partys and not even her own half sisters .. all he dose is acuse me off false allegations i dont get no parental responsibility even i do have it and know say in his actions and when my daughter asks for extra contacted to see me i just say to her ask ur dad .. contacted is ment to be one day a week tea time .. every other weekend and school holidays 50/50 Christmas and birthdays alternate but it all gets changed and days taken off via my exs it not fair on any off us ..
Angel - 29-Jun-17 @ 9:16 PM
Hi i am ment to be haveing regular contacted with my 11 yr old daughter and my exs takes contacted off me its ment to be one day a week tea time contacted and ive never had that in my life with her . And its ment to birthdays and Christmasalternative and plus every other weekendeatch order says as our daughter reached school age my contacted should be increased but my exs never increase,s it ie school holidays i get 1 to 2 weeks that's allhe wont allow her to go to none off my familys birthday partys ie her cousins and he won't let her attend her own half sisters either so far ive lost out on loads on loads off day trips ive had to cancel due him saying no and my daughter asks me why she can not see me when she asks her dad for extra contacted time with me i just sometimes dont know what to say i just say ask ur dad .. and give her hug.
Angel - 29-Jun-17 @ 7:58 PM
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