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Breach of Contact or Residence Order: What to Do

By: Abigail Taylor - Updated: 10 Dec 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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P77 - Your Question:
Hi and currently filling in the C79 form as ex-partner has decided upon herself in her words "that the court order is not working anymore so your days are not your days anymore". Has anyone had any experience of what will happen once I send the form off?I have all the emails and texts which I will be including and they show no respect for my son, courts or myself. I understand circumstances have changed and am more than willing to to compromise however she does not (although she says she does) talk to me and suggested I take her back t court although there would be no point as the courts would be sympathetic to her. I pointed out that it was not about me or her but about her son.The blatant way she is ignoring and dictating to me what she is going to do and how much time I have with him is the exact reason I went to court in the first place and I am sure that the courts would not grant me less time than I had even before I took her to court as its nearly half now what I managed to get in court. Will the courts side with the mother on this? worried as coming to Christmas and I have not seen my son yet and I am missing out so much now and all I want is her to know that she can't do what she wants anymore.

Our Response:
Your ex is in breach of the court order. 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. If your ex is attempting to change the order, if you wish for a quick solution, a solicitor's letter reminding her of the terms of the order and the repercussions of what may happen if you decide to take the matter back to court, may be an option for you to consider. An alternative option, if your old order is no longer working (i.e if circumstances have changed) is to suggest mediation with the view to coming to a new arrangement that keeps to the terms of the old arrangement (regarding the number of days etc). This would be overseen and authorised by the court, please see link here. If your ex ignores both of these suggestions, then court is the final option. If you keep evidence that you have attempted either/both, then this will show the court you have tried to be reasonable.
SeparatedDads - 8-Dec-17 @ 9:46 AM
ConcernedMum - Your Question:
My ex took me to court and it was said he needs to write to our son at least once a month and then if he does he can have a two hour visit in a contact centre. This was in October, he’s written once. He’s now sent me an email telling me he’s setting up the contact, I’ve allied around myself & he’s left it too late again. It’s very unlikely he will get a session in the time scale the court gave. He hasn’t started the parenting course & he failed to start the DVPP course. On 3 court dates he failed to do anything they said & still he got this & again hasn’t done it. How do I go forward? My son is scared & having to tell him things are going to happen & deal with the emotions & fears he has for it not to end up happening it’s getting too much. I don’t know where I stand as I can’t afford legal advice or representation. He was abusive to me in all ways & our son was a witness. Although the courts don’t care for his voice to be heard. ?? what can I do? If he doesn’t set it up am I allowed to say take me back to court or will I end up in prison? I’m too scared to say that but I feel our son needs me to.

Our Response:
If your ex has breached the court order, then you are unlikely to end up in prison (it is very rare that the court orders this). You can refer the matter back to court if you wish to prevent access. Much depends upon whether your ex can justify his reasons for not carrying through with the terms of the order.
SeparatedDads - 7-Dec-17 @ 1:56 PM
Hi and currently filling in the C79 form as ex-partner has decided upon herself in her words "that the court order is not working anymore so your days are not your days anymore". Has anyone had any experience of what will happen once I send the form off? I have all the emails and texts which I will be including and they show no respect for my son, courts or myself. I understand circumstances have changed and am more than willing to to compromise however she does not (although she says she does) talk to me and suggested I take her back t court although there would be no point as the courts would be sympathetic to her. I pointed out that it was not about me or her but about her son. The blatant way she is ignoring and dictating to me what she is going to do and how much time I have with him is the exact reason I went to court in the first place and I am sure that the courts would not grant me less time than I had even before I took her to court as its nearly half now what I managed to get in court. Will the courts side with the mother on this? worried as coming to Christmas and I have not seen my son yet and I am missing out so much now and all I want is her to know that she can't do what she wants anymore.
P77 - 7-Dec-17 @ 10:12 AM
My ex took me to court and it was said he needs to write to our son at least once a month and then if he does he can have a two hour visit in a contact centre. This was in October, he’s written once. He’s now sent me an email telling me he’s setting up the contact, I’ve allied around myself & he’s left it too late again. It’s very unlikely he will get a session in the time scale the court gave. He hasn’t started the parenting course & he failed to start the DVPP course. On 3 court dates he failed to do anything they said & still he got this & again hasn’t done it. How do I go forward? My son is scared & having to tell him things are going to happen & deal with the emotions & fears he has for it not to end up happening it’s getting too much. I don’t know where I stand as I can’t afford legal advice or representation. He was abusive to me in all ways & our son was a witness. Although the courts don’t care for his voice to be heard. ?? what can I do? If he doesn’t set it up am I allowed to say take me back to court or will I end up in prison? I’m too scared to say that but I feel our son needs me to.
ConcernedMum - 5-Dec-17 @ 9:30 PM
Mr M - Your Question:
I wonder if you could help me, my ex took me to court for a child arrangement order back in April 2017, the children live with me and it was said that every other weekend she was to collect them on a Friday and drop them off on a Sunday, this was to start when she returned from a holiday in June, she returned early from said holiday and then flew off to Florida with only our youngest child for 10 days.When she returned from Florida she informed me that she was moving away to Cyprus this was in June, she hasn’t been back to the uk until now (November 2017) she then calls 20 mins before my youngest finished school and informed me she’s picking her up, she then took her out for 2 hours she didn’t inform our son that she was back either ??She has now taken them both out today but informed me it was only for a couple of hours so in 5 months of not seeing them she takes them out for 4 hours ??On the court order it was said that she was to have the children for half of any school holiday to be arranged by us both but she has said she hasn’t the money to travel back and forth from Cyprus, it also states that she is to have the children over the Christmas period I am not sure what is happening about that as she hasn’t said anything as of yet.She is the one that took it to court for the child arrangement order and it is her that has breached it, I have complied with everything that was asked of me What do I do???Mr M

Our Response:
If your ex is breaching the court order, you have every right to make her stick to the court order. A solicitor's letter reminding her of the terms of the order might work. Otherwise, you may wish to suggest she attends mediation in order to try to resolve the matter outside of court.
SeparatedDads - 28-Nov-17 @ 3:04 PM
I wonder if you could help me, my ex took me to court for a child arrangement order back in April 2017, the children live with me and it was said that every other weekend she was to collect them on a Friday and drop them off on a Sunday, this was to start when she returned from a holiday in June, she returned early from said holiday and then flew off to Florida with only our youngest child for 10 days. When she returned from Florida she informed me that she was moving away to Cyprus this was in June, she hasn’t been back to the uk until now (November 2017) she then calls 20 mins before my youngest finished school and informed me she’s picking her up, she then took her out for 2 hours she didn’t inform our son that she was back either ?? She has now taken them both out today but informed me it was only for a couple of hours so in 5 months of not seeing them she takes them out for 4 hours ??. On the court order it was said that she was to have the children for half of any school holiday to be arranged by us both but she has said she hasn’t the money to travel back and forth from Cyprus, it also states that she is to have the children over the Christmas period I am not sure what is happening about that as she hasn’t said anything as of yet. She is the one that took it to court for the child arrangement order and it is her that has breached it, I have complied with everything that was asked of me What do I do??? Mr M
Mr M - 26-Nov-17 @ 11:34 AM
Can anyone help, i have an order in place for 40/60. Got this last year. M saysnearly 14 old son no longer wants contact, stopped a few moths ago, no conget reason given, just stopped. Very odd as had a good relationship with him. Have tried to sort this out with mum who is claiming she has tried everything to help. I want to put in a c79 to have the order enforced. Q. is son not wanting to contact with dad a reasonable excuse for mum breaking order. Thanks
dadson1 - 20-Nov-17 @ 3:45 PM
I have a 22 month old daughter as the result of a very brief relationship. I agree with her mother to share responsibility and be involved in her life. I explained that no matter what, I would no enter into a relationship with her. As I work away from home, I let her stay at mine for the first 11 months. I ask her to move out when the refurbishment of her house was finished. We had agreed to have a signed family agreement, which she never seemed to find time to write.She wants me to collect my daughter from hers, then when I drop her off remain there until she is bathed and ready for bed. If i do not agree I do not get to see my daughter. It became clear she wants a relationship. If i do not play her games, I do not see the child. I have tried mediation, where the mediator thought it was ok to question my work choices and discuss, what I thought were more about relationshipissues. She continually questioned why I wanted a family agreement, saying was the mothers word not good enough. I told her no and that mediation is about the child's best interests, not the relationship needs of the mother. When it became apparent, the child's mother was intending to continue the mediation route and attempt to use it as a relationships therapy session, I told the mediator, that I would not be returning. When I request to see my daughter, the mother puts caveats on it. I generally end up having to buy her more stuff, even though I pay full maintenance for my daughter; or I have to stay around at hers after I drop my daughter off.To give an example of the mother's frame of mind, my daughter still sleeps in a travel cot beside her bed. she has her own room. I want to know what is the best way to proceed. I work 400 mile away from where I live and have ensured I can get home even second weekend. All I wanted was a written family agreement that I could have my daughter from 12 O'clock on a Friday to 12 O'clock on Sunday, every second weekend, with a verbal arrangement for the holiday periods.I'm not sure the best way ahead the child resides ion Scotland?
Caljam - 14-Nov-17 @ 4:16 PM
I have a 22 month old daughter as the result of a very brief relationship. I agree with her mother to share responsibility and be involved in her life. I explained that no matter what, I would no enter into a relationship with her. As I work away from home, I let her stay at mine for the first 11 months. I ask her to move out when the refurbishment of her house was finished. We had agreed to have a signed family agreement, which she never seemed to find time to write.She wants me to collect my daughter from hers, then when I drop her off remain there until she is bathed and ready for bed. If i do not agree I do not get to see my daughter. It became clear she wants a relationship. If i do not play her games, I do not see the child. I have tried mediation, where the mediator thought it was ok to question my work choices and discuss, what I thought were more about relationshipissues. She continually questioned why I wanted a family agreement, saying was the mothers word not good enough. I told her no and that mediation is about the child's best interests, not the relationship needs of the mother. When it became apparent, the child's mother was intending to continue the mediation route and attempt to use it as a relationships therapy session, I told the mediator, that I would not be returning. When I request to see my daughter, the mother puts caveats on it. I generally end up having to buy her more stuff, even though I pay full maintenance for my daughter; or I have to stay around at hers after I drop my daughter off.To give an example of the mother's frame of mind, my daughter still sleeps in a travel cot beside her bed. she has her own room. I want to know what is the best way to proceed. I work 400 mile away from where I live and have ensured I can get home even second weekend. All I wanted was a written family agreement that I could have my daughter from 12 O'clock on a Friday to 12 O'clock on Sunday, every second weekend, with a verbal arrangement for the holiday periods.I'm not sure the best way ahead the child resides ion Scotland?
Caljam - 14-Nov-17 @ 4:04 PM
Family man- Your Question:
I got a court order last year that’s not been abided to by mum. Applied back to court to get order enforced (nothing as been stuck to in court order) I see our daughter for 5 mins every Sunday at there front door where my daughter says ‘no’ to coming any where with me. I’m putting everything down to parental alienation. I don’t want mum going prison or anything like that but would a penal notice be right? As this would let her know what would happen if she doesn’t stick with court order? If not then what would be best option?

Our Response:
If the order has been enforced (you don't say if it was) and your ex is breaching it again, perhaps a solicitors letter reminding your ex of the terms of the order and the repercussions if she doesn't keep to it, may work. If your ex doesn't keep to it after the letter, then refer the matter back to court once again. A copy of the letter will show that you have attempted to try to resolve the issue outside of court. A penal notice would be served on your ex only as a last resort, but the court can issues a fine etc.
SeparatedDads - 6-Nov-17 @ 10:33 AM
I got a court order last year that’s not been abided to by mum. Applied back to court to get order enforced (nothing as been stuck to in court order) I see our daughter for 5 mins every Sunday at there front door where my daughter says ‘no’ to coming any where with me. I’m putting everything down to parental alienation. I don’t want mum going prison or anything like that but would a penal notice be right? As this would let her know what would happen if she doesn’t stick with court order? If not then what would be best option?
Family man - 5-Nov-17 @ 7:38 AM
Concerned mam - Your Question:
A court order was put in place a few month ago. Where my daughter sees her dad 2 days a week but has supervision from his parents at all times due to his behaviour. Now since contact my daughter was coming back upset and different. And then she came back saying her dad was kicking off. Meaning shouting, swearing and slamming doors. This has made my daughter very scared and worried more. Now I have been struggling to get her to go to the contact. She refused to go from school and on the weekend. Now my ex dad has told me that my ex has given up and his parents are trying to take over the contact. But my daughter still doesn't even want to see them. What can I do?

Our Response:
You would have to refer the matter back to court for the court to decide.
SeparatedDads - 31-Oct-17 @ 3:10 PM
Meg - Your Question:
My partner has shared care order on their 2 children. 3 Years have passed by fairly incident free. Three weeks ago the ex said that one of the children did not want to come to ours. There has been no explination exept to say it is nothing to do with her, it's the child's choice not to come to ours. Before the last court hearings, there were incidents where she would keep him off school, so we could not collect him from school, she would get him to phone the cafcass worker to say he did not want to go to his dad's etc. Again this time he has missed school, secondary, and we are worried about his mental health as mum has been open to services herself. His daughter has continued to come to us and her mum's with no issues. Our solicitor has made an application to cout for an enforcement order, how efficient are these? How do we get the son to come to ours if he is saying he does not want to come? when he was with us he is fine, happy and content.

Our Response:
Much depends upon the age of your partner's son. If he is older, his opinion will be considered. However, it is impossible to predict what a court may decide. 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. However, if the decision is actually down to the son who refuses to come, then a court order might not change this, or there may be added resentment for forcing the child to do something he does not wish to do. In this case, mediation should be considered first in order to explore the reasons why and try to bring about an informal resolution.
SeparatedDads - 31-Oct-17 @ 2:18 PM
Sadfather - Your Question:
I have a court order in place and one a week my daughters stay over , around 4 weeks ago , my 2 daughters came over to sleep and one of my daughters in the night threw a wobbly , I got a little irate and took her downstairs and threatened her to sleep downstairs (an empty threat) The next day my ex wife called the police and told them I had been abusive and made my daughters give a statement to the police that I had been abusive The interview took place last week and there was no further action from the policeSince then my ex has continued to not let me see my girls and I haven't seen or talked to them in about a month since that evening.Is my ex breaching the court order because I want To take her to court using the (C79) form to say she is breaching the order would I have a chance of winning? Because I know she wants to take me back to court to vary the court order and I don't want it varied!

Our Response:
We cannot anticipate what a court may decide. However, if there has been no further action from the police, then you should apply to have the matter referred back to the courts if your ex is continuing to breach the order. We cannot anticipate what a court may decide. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. However, if it cannot be proven that any abusive behaviour took place, then the court order is likely to be re-instated. Cafcass may also get involved, please see link here .
SeparatedDads - 30-Oct-17 @ 11:04 AM
I have a court order in place and one a week my daughters stay over , around4 weeks ago , my 2 daughters came over to sleep and one of my daughters in the night threw a wobbly , I got a little irate and took her downstairs and threatened her to sleep downstairs (an empty threat) The next day my ex wife called the police and told them I had been abusive and made my daughters give a statement to the police that I had been abusive The interview took place last week and there was no further action from the police Since then my ex has continued to not let me see my girls and I haven't seen or talked to them in about a month since that evening. Is my ex breaching the court order because I want To take her to court using the (C79) form to say she is breaching the order would I have a chance of winning? Because I know she wants to take me back to court to vary the court order and I don't want it varied!
Sadfather - 29-Oct-17 @ 7:24 PM
My partner has shared care order on their 2 children. 3 Years have passed by fairly incident free. Three weeks ago the ex said that one of the children did not want to come to ours.There has been no explination exept to say it is nothing to do with her, it's the child's choice not to come to ours.Before the last court hearings, there were incidents where she would keep him off school, so we could not collect him from school, she would get him to phone the cafcass worker to say he did not want to go to his dad's etc. Again this time he has missed school, secondary, and we are worried about his mental health as mum has been open to services herself.His daughter has continued to come to us and her mum's with no issues.Our solicitor has made an application to cout for an enforcement order, how efficient are these?How do we get the son to come to ours if he is saying he does not want to come? when he was with us he is fine, happy and content.
Meg - 27-Oct-17 @ 11:03 AM
A court order was put in place a few month ago. Where my daughter sees her dad 2 days a week but has supervision from his parents at all times due to his behaviour. Now since contact my daughter was coming back upset and different. And then she came back saying her dad was kicking off. Meaning shouting, swearing and slamming doors. This has made my daughter very scared and worried more. Now I have been struggling to get her to go to the contact. She refused to go from school and on the weekend. Now my ex dad has told me that my ex has given up and his parents are trying to take over the contact. But my daughter still doesn't even want to see them. What can I do?
Concerned mam - 27-Oct-17 @ 3:52 AM
already attempted mediation, paid the assesment fee. she didnt turn up, went behind my back and got the court agreement order by claiming mental abuse ( no grounds ). saved me money tbf tho as i wanted the court order. from looking i understand i have to rack up the breaches before going back to court. but was unsure weather this classed as a breach as i believe it is and she beleives its not. before court 2 letters was sent to her underlining agreements we had made, 2 days before court she attempted to change my access from 50% to once every 2 weeks. she failed cos her reasons were lies that i proved. and i got 50% in the court order. if she continues to break this and continue to be unreasonable, am i more likely to be given more custody ?( reaiding parent ) as ive had continued 50% or above over the last 3 years
james - 24-Oct-17 @ 6:57 PM
james - Your Question:
So I have just been to court and had an agreement order finalised. in the order it states any extra time/ arrangements should be sorted together. so during the school holidays I asked about a time to pick my daughter up and I was told 12:00 ( 4:30pm being in the order ) so I made plans based on this agreement. 2hrs before pick up time it was cancelled because she wanted to go shopping and I was told that its back to 4:30. wasting/costing me money. she is adament this is not a breach of order. yet I believe otherwise. does anybody have the answer ?

Our Response:
As specified in the article,the courts are unlikely to take any action if the breach is insignificant. A solicitor's letter reminding her of the terms of the order may help. Otherwise, there is little you can do in this case, as while the disagreement may not seem insignificant to you, it may be deemed so through the courts. Jot it down, and keep it as a reference, if your ex begins to break the terms of the order, then mediation, or a solicitor's letter would be the next port of call. Court is generally seen as the last resort where the order is breached frequently or where your ex stops you seeing your daughter and ignores the court order altogether. However, any breach should be diarised, so that if needed in the future it can be referenced in court.
SeparatedDads - 24-Oct-17 @ 11:46 AM
so i have just been to court and had an agreement order finalised. in the order it states any extra time/ arrangements should be sorted together. so during the school holidays i asked about a time to pick my daughter up and i was told 12:00 ( 4:30pm being in the order ) so i made plans based on this agreement. 2hrs before pick up time it was cancelled because she wanted to go shopping and i was told that its back to 4:30. wasting/costing me money. she is adament this is not a breach of order. yet i believe otherwise. does anybody have the answer ?
james - 23-Oct-17 @ 7:00 PM
Kate6421 - Your Question:
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?

Our Response:
The courts will still get involved until parental responsibility lasts, when the child is 18.
SeparatedDads - 23-Oct-17 @ 3:24 PM
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
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