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Breach of Contact or Residence Order: What to Do

By: Abigail Taylor - Updated: 6 Jan 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.

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My ex wife made unfounded harrasment/domestic violence allegations against me immediately before she applied to the family courts, because of this she managed to skip the mediation process and applied for full residency of our son amidst various other child abuse allegations and nonsense, it took 6 hearings and many thousands of pounds to defend her applications and allegations. Luckily the judge awarded equal shared parenting between ourselves on a 5.2.2.5 rotating fortnightly pattern that recommences after the provision for the holidays (split equally) 6 weeks after the final order was granted she breaches the order, by emailing the police an alternative calender and they turn me away at my sons school, This continues to the extent that she applies to the csa to change the banding regarding the nights my son spends with her, (she says 170 with me and 196 with her) and she has provided the csa with a letter detailing her 'nights' and I am to attend a tribunal! My question is. Can the letter provided to the CSA by crazy ex be used by me to demonstrate that she is not complying with the court order, and what will be the likely outcome, I should of mentioned that crazy ex is now a barrister!!
Crazy hinge - 6-Jan-17 @ 8:25 PM
Debs - Your Question:
So my ex has taken out a contact order for our child despite me never denying him access. Why is there no repercussions for him when he breaks the order and doesn't have him or has him late or has him but leaves him with his grandparents most of the time. This seems really unfair as he can do what he wants yet I am bound by this stupid order.

Our Response:
As specified in the article, both of you are bound to the order. Therefore, if your ex breaches the order you can also take the order back to court and ask for a variation, or have the order enforced.
SeparatedDads - 20-Dec-16 @ 11:27 AM
So my ex has taken out a contact order for our child despite me never denying him access. Why is there no repercussions for him when he breaks the order and doesn't have him or has him late or has him but leaves him with his grandparents most of the time. This seems really unfair as he can do what he wants yet I am bound by this stupid order.
Debs - 19-Dec-16 @ 7:19 PM
My son is having contact with his dad Saturday 10 am till Sunday 6 pm now with xmas approaching it falls on a Sunday that us my sons contact now because I wont my son to spend Xmas with me and Boxing Day with his dad. My sons father said that he wonts to spend Xmas this year. If our son refuses to go I'm in breach of contact as there were now papers to say about Xmas
Lala - 17-Dec-16 @ 5:13 PM
Jimmy - Your Question:
I have a court Order which allows for me have my daughter on a Saturday, can the mother turn up to see her at a Leisure Centre on the Saturday without my consent, as it is my only day with her by myself?

Our Response:
Unless your court order specifies she should not turn up, then it is very difficult to stop her. However, a solicitor's letter outlining the terms of your access may help, otherwise you may have to apply for a specific issue order. Please see link here.
SeparatedDads - 16-Dec-16 @ 2:10 PM
I have a court Order which allows for me have my daughter on a Saturday, can the mother turn up to see her at a Leisure Centre on the Saturday without my consent, as it is my only day with her by myself?
Jimmy - 16-Dec-16 @ 12:43 AM
CARLOS - Your Question:
My daughter is 5. In July 2015 I took her mother to court for regular access to my daughter and was awarded a child arrangements order with penal order for 2 weekends a month and 4 weeks holiday a year.I am due to pick up my daughter on Friday - I have received a letter today from my ex telling me that due to my drug use and mental state that she is stopping over night contact and that any contact we have will be supervised. I have smoked weed for about 20 years. Its something that I enjoy doing and it doesn't effect me much as I have smoked it for so long. It makes me feel relaxed and is my luxury after the rest of my money goes on bills ect. She states that my daughter is withdrawn, and stressed when I return her on a Sunday and cries when she knows im coming to pick her up - (shes happy as larry when she's with me and find when I drop her off) and states that my daughter is telling her that I tell her shes naughty and a bad girl (which she is sometimes - what kid isn't?) Anyway - what right does she have to stop contact especially after the courts have ordered her to give me regular contact? I don't see myself as a danger to my daughter. I work, have my own flat pay maintenance - I just like smoking weed! I don't see what the problem is!So shes taking me back to court to get a court order and a drugs test (can they do that?) and in the meantime I have to spend 2 hours every other sunday with my daughter at a play centre?? until this goes through!What can I do!

Our Response:
You would really have to seek legal advice regarding this. As specified in the article, your ex has breached the order and you can take her to court for the breach. However, it seems she has got there first, so you need to be able to explore your options regarding this. Yes, a drug test can be requested from your ex if she is concerned about the welfare of your child whilst in your care. In court, attitudes to cannabis vary and occasional use may not be considered detrimental to access. However, in general the court does not approve of drug use and most definitely not Class A drugs, as use is deemed not in the best interests of your child. The court will consider what drugs you are using, how often and whether this affects you caring for your child.
SeparatedDads - 8-Dec-16 @ 10:53 AM
My daughter is 5. In July 2015 I took her mother to court for regular access to my daughter and was awarded a child arrangements order with penal order for 2 weekends a month and 4 weeks holiday a year. I am due to pick up my daughter on Friday - I have received a letter today from my ex telling me that due to my drug use and mental state that she is stopping over night contact and that any contact we have will be supervised. I have smoked weed for about 20 years. Its something that I enjoy doing and it doesn't effect me much as I have smoked it for so long. It makes me feel relaxed and is my luxury after the rest of my money goes on bills ect. She states that my daughter is withdrawn, and stressed when I return her on a Sunday and cries when she knows im coming to pick her up - (shes happy as larry when she's with me and find when I drop her off) and states that my daughter is telling her that I tell her shes naughty and a bad girl (which she is sometimes - what kid isn't?) Anyway - what right does she have to stop contact especially after the courts have ordered her to give me regular contact? I don't see myself as a danger to my daughter.... I work, have my own flat pay maintenance - I just like smoking weed! I don't see what the problem is! So shes taking me back to court to get a court order and a drugs test (can they do that?) and in the meantime I have to spend 2 hours every other sunday with my daughter at a play centre?? until this goes through! What can I do!
CARLOS - 7-Dec-16 @ 4:09 PM
I have residence of our son and the mother has a contact order for visitations. She picks him up from school on a Friday (every other weekend) and returns him two days later on a Sunday between 4:30 and 5:30. Since we have separated our relationship has turned toxic and i only stay in contact with her due to our child. Due to ongoing harassment i took out a ex-parte non-molestation order against her around May 2016. She received the court papers on a Wednesday and by the Thursday she had already wrote a letter to me to cancel her next weekend with our son, saying it was due to 'work commitments'. I personally believe that she just spat out her dummy as she did not believe i would take out a NMO against her. The harassment issue went to court and i agreedto drop the NMO as long as she signed court undertakings to stop the harassment. Everything was fine for a while but then the harassment started again and i was forced to apply for another ex-parte NMO order (at the start of Sept '16) as the court undertakings were not giving me adequate protection. She was served the court papers at 1:15pm on a wedneday and by 1:45 she had sent a text to my son to advised that she could not have him on the upcoming Friday (in two days time) and she was also going to have to cancel her weekend in two weeks time - again due to 'work commitments. Again i do not believe that she has any work commitments and believe that she is using our son as a weapon to get back at me. This is not fair on my son as he likes spending time with his mum and his 2 year old step-sister. A condition of our contact order states that if my ex-wife wants to alter or cancel her weekends she needs to give me at least 7 days advanced notice in writing - i did not receive any notice for either of the following weekends that she missed. At the start of Oct '16 i received a letter from her to advise that she believed that the ongoing court case for the NMO was having a negative effect on our son and so she believed it was in his best interests to stop all contact until after the final court hearing which appears will be around Jan 2017. This will mean our son wont have seen his mother in 4 months and she will also miss her scheduled 1 week xmas holiday with him. What kind of parent would do this? I honest do not know what kind of negative effect spending their weekends together could have on our son - surely this should be a happy time for both parent and child. I have had to sit him down and try and explain that his mother wants to stop contact - this was so hard to do and all he could do was sob and ask why? He honestly believed he must have done something wrong. To me it just appears to be a way she can get back at me for issuing a court order against her. I will not have our son used in any adult mind games and my son is not a pet or a toy that my ex-wife can just see when she wants. Our son is now at the age (eight) where he needs stability and consist
Concerned - 25-Nov-16 @ 8:45 PM
My partner had a child arrangements order for contact, weekends once a fortnight and half of all school holidays (due to distance between us) we do all the travelling and most agreements are noted in the order, his ex however is saying that the school holidays start on the Monday, we assumed that when we said half of a week returned Wednesday that this would run Friday to Wednesday then Wednesday to Sunday etc, she is saying Monday to Wednesday unless our weekend fall before, this means in one week we would potentiallytravel Monday, back Wednesday and then again Friday and Sunday. We don't think this is in the best interests of anyone especially the children who would in one week spend several hours of their holiday in a car! Would this be something we can apply back to the court for clarification? We have tried to reason with her, discussion in the communication book, written to her solicitor and are getting no response. She is doing the same for over Xmas so deadline is fast approaching
Mousey - 25-Nov-16 @ 10:26 AM
I have two daughters, they will be 10 & 12 years old in December.My ex has always tested the boundaries of the existing contact order, but she's stepped it up this year, particularly where I didn't see my youngest for 10 weeks over the summer, missing holidays etc....she states they don't want to come, but they are happy when with me, we have a great time, they never ask to go home in the eight years I've been having them.But as soon as they go home I get accused of quizzing them, pressurising them to come etc....if I speak to them on the phone, it's clearly scripted.We went to mediation, spent over £500, we agreed on everything.....yet a week later she isn't sticking to anything we discussed, and bringing in loads of new things....the last two phonecalls their phone was switched off, and she refuses to do anything. She says the only way they will come is if they can choose if they want to or not! Unfortunately, I know if I agree to this then she will make sure they never come...mediation was a total waste of time as she lied throughout sounding like she had their interest at heart, and she isn't bothered the fact I have a contact order, as she has decided it's too rigid!I am flexible where I can be, taking them to parties, cutting my contact time down at Easter so they were able to go on holiday with friends, I can't do anymore....yet now she's stopped contact completely until she gets legal advice....any advice would be welcome......looking at court action now, but is it C79 or C100? Surely she can't just decide to change an order off her own back and stop contact when I've done nothing wrong?
Carl - 25-Oct-16 @ 8:17 PM
I have two daughters, they will be 10 & 12 years old in December.My ex has always tested the boundaries of the existing contact order, but she's stepped it up this year, particularly where I didn't see my youngest for 10 weeks over the summer, missing holidays etc....she states they don't want to come, but they are happy when with me, we have a great time, they never ask to go home in the eight years I've been having them.But as soon as they go home I get accused of quizzing them, pressurising them to come etc....if I speak to them on the phone, it's clearly scripted.We went to mediation, spent over £500, we agreed on everything.....yet a week later she isn't sticking to anything we discussed, and bringing in loads of new things....the last two phonecalls their phone was switched off, and she refuses to do anything. She says the only way they will come is if they can choose if they want to or not! Unfortunately, I know if I agree to this then she will make sure they never come...mediation was a total waste of time as she lied throughout sounding like she had their interest at heart, and she isn't bothered the fact I have a contact order, as she has decided it's too rigid!I am flexible where I can be, taking them to parties, cutting my contact time down at Easter so they were able to go on holiday with friends, I can't do anymore....yet now she's stopped contact completely until she gets legal advice....any advice would be welcome......looking at court action now, but is it C79 or C100? Surely she can't just decide to change an order off her own back and stop contact when I've done nothing wrong?
Carl - 25-Oct-16 @ 1:45 PM
I have two daughters, they will be 10 & 12 years old in December.My ex has always tested the boundaries of the existing contact order, but she's stepped it up this year, particularly where I didn't see my youngest for 10 weeks over the summer, missing holidays etc....she states they don't want to come, but they are happy when with me, we have a great time, they never ask to go home in the eight years I've been having them.But as soon as they go home I get accused of quizzing them, pressurising them to come etc....if I speak to them on the phone, it's clearly scripted.We went to mediation, spent over £500, we agreed on everything.....yet a week later she isn't sticking to anything we discussed, and bringing in loads of new things....the last two phonecalls their phone was switched off, and she refuses to do anything. She says the only way they will come is if they can choose if they want to or not! Unfortunately, I know if I agree to this then she will make sure they never come...mediation was a total waste of time as she lied throughout sounding like she had their interest at heart, and she isn't bothered the fact I have a contact order, as she has decided it's too rigid!I am flexible where I can be, taking them to parties, cutting my contact time down at Easter so they were able to go on holiday with friends, I can't do anymore....yet now she's stopped contact completely until she gets legal advice....any advice would be welcome......looking at court action now, but is it C79 or C100? Surely she can't just decide to change an order off her own back and stop contact when I've done nothing wrong?
Carl - 25-Oct-16 @ 1:40 PM
Taz - Your Question:
Hi me and the kids mum has a child arrangement order where I the father have the child tues night to Saturday so I have my child 60% of the week, we also in a 12 month supervision period with Socail services that will end in December. My ex keeps breach the agreement took my child on holiday with out my say so she's stopped me taking her holiday and will refuse to hand over our child on a number of occasions Socail services are not helping and I can't afford to go to court what shall I do ?

Our Response:
If you cannot afford legal fees you can self-litigate, please see link here. You may also be able to get help with court fees if you are on a low income, please see link here.
SeparatedDads - 12-Oct-16 @ 2:42 PM
Hi me and the kids mum has a child arrangement order where I the father have the child tues night to Saturday so I have my child 60% of the week, we also in a 12 month supervision period with Socail services that will end in December. My ex keeps breach the agreement took my child on holiday with out my say so she's stopped me taking her holiday and will refuse to hand over our child on a number of occasions Socail services are not helping and I can't afford to go to court what shall I do ?
Taz - 12-Oct-16 @ 10:13 AM
darKnyt - Your Question:
It's been nearly two years since I have seen one of my children. Her mother stopped contact and completely refuses for me to speak or see my daughter against a contact order. Not only stopping contact with me, but with my parents and siblings, also. I have contacted my solicitors, and they haven't been successful, either. What can I do?

Our Response:
You don't say why you did not take the matter to court to have the order enforced when your ex originally breached the court order. Therefore, it makes it difficult to advise. If your solicitor has been unsuccessful in bringing this order back to court (you don't again say why), then I can only suggest you change your solicitor.
SeparatedDads - 6-Oct-16 @ 12:38 PM
It's been nearly two years since I have seen one of my children. Her mother stopped contact and completely refuses for me to speak or see my daughter against a contact order. Not only stopping contact with me, but with my parents and siblings, also. I have contacted my solicitors, and they haven't been successful, either. What can I do?
darKnyt - 5-Oct-16 @ 6:05 PM
Hi, after some advice please, me and my ex have 50/50 custody of my 3 year old daughter, this is mutually agreed, & I live with my 3 step children & partner, and obviously my daughter 50% of the time. But I need to get this agreement offical as a shared residency agreement with a court, as my ex suffers with mental health issue which doesn't affect her ability to be mother most of the timebut she can struggle with full time care. You may think why am I bothered if we mutually agree to this, well in the past if she's having a rough time she has refused to drop my daughter back so I just want to get it set in stone so She legally has to bring her back at set times, I don't have the best relationship with my ex, all correspondence go through my partner, but she is willing to get this agreed by a court, I just need to know the cheapest and quickest way to do it.
Ash1981 - 27-Sep-16 @ 10:53 PM
Kipper - Your Question:
I have a joint custody order with my ex since 2012. All is well with that and we get on. I am moving away from the area in the new year with my new partner.my son is now 16.do I have to go back to court to change the order,as it will be to far to travel.

Our Response:
It depends on whether your ex is in agreement with you changing the order or not and if she does whether you can come to a new arrangement between you. If so, you may wish to have this drawn up through mediation so the agreement is in writing, should there be any repercussions.
SeparatedDads - 16-Sep-16 @ 2:52 PM
Hi, my partner moved in with myself and my daughter who i have had since 15 months old (10 years). my partner was kicked out of her mums home a few months ago and subsequently moved in with us. Her mother has joint PR but my partner has a prohibited steps order and child arrangement order in place to say her little girl of 5 should reside with her. Her mother was sterilised and failed with IVF and is now keeping her daughter and refusing any type of contact telling her to organise a contact centre because said mother doesnt want to communicate with her (this in itself is not a reason to ask for contact centres which usually have to be ordered by a court if im right and only in the case where unsupervised contact would be detrimental). Anyway we have spoken to solicitors and have been advised that if we turn up to school with these orders then the school have no choice but to let the child leave with us. We have obviously kept this quiet but in the mean time are asking for contact on a ddaily basis and being refused and noting this all down. What are likely to be the obstructions or hurdles that might be in the way if we were to turn up to the school with said orders ... if any. I know from my own proceedings that police are very reluctant to touch family proceedings and as there are no orders to say the child resides with anyone else im just double checking that this cannot be opposed in any way ... thanks in advance
ELLBEE1983 - 15-Sep-16 @ 6:26 PM
I have a joint custody order with my ex since 2012.All is well with that and we get on... I am moving away from the area in the new year with my new partner...my son is now 16..do I have to go back to court to change the order,as it will be to far to travel...
Kipper - 10-Sep-16 @ 7:37 AM
i had a residency order made on the 12th of July because i was ill in hospital the day of the court the order was made but i explained to the father that i was unable to have my boys for 4 contacts as i was ill still even though i was out of hospital so the father of my children had decided to stop me seeing them so from the 12th of July 16 i have not seen my children he replied with messages like : the boys dont talk about you anymore and says i always let them down i took it back to court and awaiting for it to be listed i just want advise on how to explain my view and practically what the judge is more likely to impose on him and what effects it would of had and still have on my children as they have had bite marks from child to the other child and also pictures advertising drugs in there kitchen. and also not be able to see there mother.
A - 1-Sep-16 @ 11:13 PM
Confused parent - Your Question:
My ex was granted a residence order prior to April of 2014. She refused a two year separated divorce agreement. Does that mean the residence order is still valid or not? She is being investigated for abuse and fraud. Because she blames me, she attempted to get me fired from my job by calling my bosses and lying. I could prove the lie so not a huge deal. What do I file to get an emergency protection order and/or custody order if her residence order is still in place? It is not specific on dates for visiting the child but my child's safety is at risk so I cannot return my child.

Our Response:
If a residency order was given by the court it will still be effective until the court decides otherwise. If you feel your child's safety is at risk I suggest you seek legal advice asap in order to explore your options.
SeparatedDads - 31-Aug-16 @ 10:32 AM
My ex was granted a residence order prior to April of 2014. She refused a two year separated divorce agreement. Does that mean the residence order is still valid or not? She is being investigated for abuse and fraud. Because she blames me, she attempted to get me fired from my job by calling my bosses and lying. I could prove the lie so not a huge deal. What do I file to get an emergency protection order and/or custody order if her residence order is still in place? It is not specific on dates for visiting the child but my child's safety is at risk so I cannot return my child.
Confused parent - 30-Aug-16 @ 6:22 AM
Jaylin - Your Question:
Hi, my boyfriend has two children. He had a court order in place for one day on the weekend but has been told the children dont want to see him for a whole year. His ex is in breach of the contract. He is applying for mediation first before taking it to court, what might be the outcome?

Our Response:
If his ex has breached the order, sometimes a solicitor's letter reminding his ex of her obligations to the order might do the trick. However, the next stop is usually court to have the order enforced. There should be no need for negotiation over a court order as the terms have been implemented and are obligitory i.e no one parent can unilaterally make a decision to change the order. Therefore, he would have the option to take the matter straight back to court.
SeparatedDads - 18-Aug-16 @ 12:43 PM
Hi, my boyfriend has two children. He had a court order in place for one day on the weekend but has been told the children dont want to see him for a whole year . His ex is in breach of the contract. He is applying for mediation first before taking it to court, what might be the outcome?
Jaylin - 17-Aug-16 @ 10:39 PM
Following a mental breakdown both my ex partners have refused to return my children to me. I am attending court for residency over my 2 year old son. Now my girls dad is refusing to return my daughters. This seems like a nightmare is there anything I can do? I have been the children's main cared from birth until the breakdown. It's killing me not having them with me.
Fee - 29-Jul-16 @ 5:22 PM
Hi there i had a court order formed in 2006 and pretty much gave my ex all the contact he wanted 0 yet over the years have kept diarys of all contact late pick ups/drop offs no shows excuses why he cant collect child for weekend etc - and in 2010 he had no contact with our son for over a year and did not even send a birthday card , yet after a text message he sent asking to see isaac i reinstated contact as ive always had my sons best intrests at heart - then my ex said he would have my son the 1st weekend of every month as i moved 17 miles away he said he could not afford to have him twice a month! So this has continued until now my ex has a new partner and my son who is now nearly 13 mentioned he had been staying at his dads new address - this set alarm bells ringing as he has not notified me of new address and i do not know where he is sleeping, i feel i have a right to know where my son is staying but ex has blown up and called the police making up a load of lies and said my son has been lying he does not have a new address but have been visiting his girlfriends and my son is mistaken as he has been sleeping at new address!!! so i have text to say im suspending overnight contact as ii cannot trust him to let me know where my son is staying, he has threatened me with court and refferred aback to the court order - but i feel as he breached that years ago i have the right to suggest the contact - can i have some advice please id rather not go back to court but my ex has never been amicable and we have been split for nearly 11 years now!! he will not communicate hence not informing me of where son is sleeping all of this could have been ressolved if he would have even sent a simple text or written address down!!
lco - 12-Jul-16 @ 8:19 PM
I have been their for my granddaughter who is 2 from birth have cared and brought her up along side my daughter she separated from her partner a while now and their was a court hearing for access for him which he perused now he don't pay child support and when he does his on his terms I have my daughter every weekend with out fail and now he wants he on the days and nite I normally have her but he lets her down through other comitments or just because he can now he wants to resume again but he is not comitted he knows I have her hence why he is doing this she doesn't like going to him and cries for me what can I do please help he has also comitted fraud by stealing out of my daughter's bank account which is ongoing at the moment but no charges has of yet been set
Jaffa - 10-Jul-16 @ 1:02 PM
I got a court order section 8.. I dropped my daughter back to her mums house 4 weeks ago and hour later she text me saying my daughterhad a scratch on her arm she said she took my daughter to the walk in centre and she has pic and video evidence of this which I think is rubbish I have asked her to show me the evidence but she still hasn't .. Suppose to have my daughter tomorrow for 2 hours but she's saying I can't now I have to see her supervised at her mums house and in 2 weeks time I have My daughter for 6 hours 4 sessions a fornight. I don't feel happy seeing my daughter at my exs mums house people watching me and judging me what is my best option of going forward?
Dave - 9-Jul-16 @ 12:34 PM
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