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Appropriate Steps. Need advice please
#1
Hi

My (ex) wife and I have been separated for 6 years. For the first 5 of those years, I had my 4 kids every weekend and some holidays. Things were amicable. Then I met someone new and it became serious. Suddenly everything changed. My ex started dictating terms to me and telling me who I could and could not have in my life. When I refused to comply with her demands she began denying me access.

After several months of this I took her to court and received a court order which grants me access to my four children every other weekend. Since going to court my ex spouse has made life extremely hard for me and my current partner by constantly threatening to deny access again despite the court order.

Now after multiple threats she has decided to deny access and not let me see my kids.

My question is what should I do next? I've tried talking to my ex but this has proven futile. After a bit of research it seems like my best bet is to apply for an enforcement order but I'm not sure what that will achieve.

Thanks in advance for any advice
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#2
As you have a court order, you need to file a C79 for Breach of Contact and take it back to court.
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
(05-05-2017, 03:04 PM)invisibleintellectual Wrote: As you have a court order, you need to file a C79 for Breach of Contact and take it back to court.

Fair enough. I just wondered if I should do this immediately or give her a chance to "come around" again. I read on one of this sites pages that I should even write her a letter first. I doubt that would do any good and think going back to court is inevitable.
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#4
Annoyingly you will have to go down this route at least once, but if she keeps doing it then there is nothing stopping you use this attitude as reason to request the court make you the resident parent
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#5
You have attempted to discuss this with her already?  If so and she is still denying access then you CAN write a letter to warn her, or just go for it.
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#6
(05-05-2017, 03:15 PM)invisibleintellectual Wrote: You have attempted to discuss this with her already?  If so and she is still denying access then you CAN write a letter to warn her, or just go for it.

I have, and it's basically her way or the highway. I sent a lengthy text detailing how I now have no choice but to appeal to the court for enforcement of the court order and she didn't seemed fazed so I think I will just go for it.
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#7
(05-05-2017, 03:18 PM)Otheym Wrote:
(05-05-2017, 03:15 PM)invisibleintellectual Wrote: You have attempted to discuss this with her already?  If so and she is still denying access then you CAN write a letter to warn her, or just go for it.

I have, and it's basically her way or the highway. I sent a lengthy text detailing how I now have no choice but to appeal to the court for enforcement of the court order and she didn't seemed fazed so I think I will just go for it.
In law, allowing as aspect to be not followed 3 times without you taking action means you can not longer enforce that part of an order.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
(05-05-2017, 07:23 PM)MarkR Wrote: In law, allowing as aspect to be not followed 3 times without you taking action means you can not longer enforce that part of an order.

So the answer is that I should act immediately? That's fine by me. I just wanted to make sure. Thanks Mark.
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