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Breach of Court Order
#1
Hi,

I am looking for some advice in regards to breach of court order, I have my daughter every Sunday currently. Sunday just gone 15/09 I had I call from work at 8:10am asking where I was I had done a shift swap prior to court order and completely forgot I was due in and under circumstances at work I would have potentially had a disciplinary if I didn't turn up. I made my ex partner aware an hour before picking her up (I'm human I made mistake) and asked if could make an arrangement to collect her after work and take her to school on the Monday, my ex partner was completely uncooperative and blocked me from contacting her in every way. She has finally replied as I am due to pick my daughter up Sunday but saying she is going to withhold my child and that if I want to see her again I will need to go back to Court. What can I do about this? 

Thanks
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#2
Send her a email outlining the court order.politely asking her to keep to what is directed.
Let her know its important for your daughter to maintain a healthy n stable relationship with you and that contact is not disrupted as you wish to avoid any
Impact on her emotionally.
Inform her that its would be better for your daughter if matters involving contact can be resolved between parents and without having to bring the matter back to court. It will not be fair on your daughter if this was to be the case.
Any changes re contact You will do your best to inform her at the earliest. You understand that changes last minute can be disruptive to a parent and especially the child and it would be best to contact one another the night before.

Let her dig a hole in the ground if she refuses.
Keep a record of everything thing.
Fathers applying for a breach of the order rarely gets taken seriously.
2 missed weekends would be sufficient to start breach proceedings.

Stay safe n well
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#3
She's breaching the court order not you... you did nothing wrong... if she was co-parenting this is a nothing mistake that will happen time to time (god forbid she needs your help for a medical appointment she forgot about or similar)

Shows you her anger is still directed at you and not in best interests of daughter ... nice to know you had a kid with someone who is perfect :-)

Keep all this evidence ... she has no right to withhold access as you made genuine mistake

On Sunday turn up as normal to collect kid.. DO NOT ENGAGE in any emotional exchange with the ex... if she refuses contact take court order to police station and record it
"Being a good father, for its own sake, does not require your ex to see it or agree"
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#4
Thanks both for the Advice, my ex partner decided to escalate matters over social media posting a few personal things and after I asked her to take them down she went to the Police regarding me harassing her over 3 emails and 1 text message asking to remove the posts and to see my daughter, the police took her comments and came and seen me, the officer agreed with everything I had to say and issue has now been resolved as office in charge made her take down the comments and also reiterate the court order to her and warned that withholding my daughter when such order is in place would concur legal implications for her going forward. Appreciate both your inputs and I know for a fact it will be only a matter of time before she pulls another stunt so the knowledge provided is very useful.

Thank you Smile
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#5
Take care hope it works out for u and the children.
The family court system is a mess. Enforcements are a waste of time for dads as they process such applications slower than the average snail.
My ex slapped me with a enforcement that was full of crap. Yet the courts were not interested in the facts.
I would just put the application in as it will stop her playing these silly games. Nothing to lose.
Best get one in before she does.

But continue to record everything.
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#6
(09-22-2018, 04:55 PM)Elliottdavies7 Wrote: Thanks both for the Advice, my ex partner decided to escalate matters over social media posting a few personal things and after I asked her to take them down she went to the Police regarding me harassing her over 3 emails and 1 text message asking to remove the posts and to see my daughter, the police took her comments and came and seen me, the officer agreed with everything I had to say and issue has now been resolved as office in charge made her take down the comments and also reiterate the court order to her and warned that withholding my daughter when such order is in place would concur legal implications for her going forward. Appreciate both your inputs and I know for a fact it will be only a matter of time before she pulls another stunt so the knowledge provided is very useful.

Thank you Smile

I would like to point out that when you ring police or there are problems with court orders.  It is like flipping a coin you will get luckily in your case extremely helpful police officer to assist or you get ones that wont help whatsoever leaving you in dire straits. hopefully your ex panicked , glad you got a good one as theres plenty that say the famous word " get some legal advice " we cant do nothing , too busy etc
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