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No contact
#1
Hi just after some advice (long story short)

My partner and his ex separated when there daughter was (9months old) she is now 5. He was in the army at the time so didn't see much of his daughter only on weekends (when it suited her) when we got together all contact was stopped. He left the army 2015 and we bought a house and had our son (who is now nearly 2) once all settled he applied for court. A order was made and he was sent to a contact center for 6weeks to see his daughter which went very well once contact was given for him to take her on his own she refused once again. So went back to court had another arrangement order where he is to see her every weekend for 2hours for 4weeks then 5hours for 2weeks then 9am-6pm for 2weeks to then having alternative weekends pick up from school on a Friday and home on a Sunday night. She hasn't let him see her since the contact center and constantly states she refuses to get in the car or tells her "daddy is nasty" and also she doesn't want to meet or have anything to do with her brother. He has applied to go back to court and has had a date but will the courts actually do anything? He is at his wits end with it and I see how much hurt it causes him every weekend when she lets him down with a SMS message 5minuits before he is due to have her.
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#2
(07-20-2017, 10:34 AM)HJA123 Wrote: Hi just after some advice (long story short)

My partner and his ex separated when there daughter was (9months old) she is now 5. He was in the army at the time so didn't see much of his daughter only on weekends (when it suited her) when we got together all contact was stopped. He left the army 2015 and we bought a house and had our son (who is now nearly 2) once all settled he applied for court. A order was made and he was sent to a contact center for 6weeks to see his daughter which went very well once contact was given for him to take her on his own she refused once again. So went back to court had another arrangement order where he is to see her every weekend for 2hours for 4weeks then 5hours for 2weeks then 9am-6pm for 2weeks to then having alternative weekends pick up from school on a Friday and home on a Sunday night. She hasn't let him see her since the contact center and constantly states she refuses to get in the car or tells her "daddy is nasty" and also she doesn't want to meet or have anything to do with her brother. He has applied to go back to court and has had a date but will the courts actually do anything? He is at his wits end with it and I see how much hurt it causes him every weekend when she lets him down with a SMS message 5minuits before he is due to have her.

You need to file a c79 if the breach has not happened more than 3 times. If it has your order is not enforceable.

If that is the case, put in a C100 for a variation to the existing order.

State that you believe his ex is obstructing contact and attempting to alienate the child from him. Ask the Court to put in Cafcass or Social Services, for them to investigate the current situation.
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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#3
Thankyou so much for the reply. CAFFCAS have been involved before and they advised the court that hand over should take place on neutral ground with just mum and daughter present (she used to bring her mother and sister and they would make it very awkward and negative for the little one. So I think the caffcass and courts know what she's doing I just hope they will do something so she has no choice but to give in and let them have a relationship.

i did forget to mention that the order had written in it if any of them breach the order then they could bring it back to court free of charge up until September 31st so does that mean they could enforce it when he goes back. I have also read that every child arrangement order from December 2014 have a warning notice attatched to them now is this true?
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