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Breach of Court Order
#1
Hi guys

Sorry if this rambles, got a lot going on.

I posted a couple of weeks ago giving an update on how my first contact session with my daughter went. I called the center after I received their report to agree a new approach where I an in one room and my ex in another with an interconnected door so our daughter feels more comfortable.

My court order specifies that I should get contact fortnightly. Well surprise, surprise! My ex can't make the next appointment, nor can she make the weekend after, nor will she consent to visits during the week. She's also ignored the suggestion of trying 2 rooms.

Several scenarios are running through my head but it seems to me that even if She decides to make the appointment on the 9th it would mean my next session won't be until the 23rd, when the centre is closed. Which means the 30th, which is one of her relatives birthday so she won't agree to that either. With things booking up fast at the center and xmas coming around soon I dont think I will get to see my daughter until January. Now she has already told the center "if i had it my way this wouldnt be happening, im only doing this because the court are making me" so im under no illusions that she just wont agree to any times for contact. Which means i apply for an enforcement order in January, but as the whole purpose of the order was to give me and my daughter time to rebuild our relationship, with court date in early February for a review of the supervised contact reports, so I either apply to enforce an order with only 1 month left to run on it (which the court may see as time wasting) or I go to court with 1 or 2 reports out of the 7 I was supposed to have.

She doesn't want to bring our daughter to contact because of how distressed she gets, but then my ex won't try the split rooms which would stop our daughter becoming distressed!

She's so hostile to contact and keeping our daughter to herself it means that she's isolated her from everything, she doesn't let our daughter go to day care or mum and baby classes nothing, so when she moves more than 2m away from our daughter she starts crying, terrified about being seperated from her mum. I warned the court she was hostile to contact and that I was worried my daughter would be isolated and it's all happening!

I'm playing the game here I've jumped through all the hoops waited a year to get to where I am so does anyone know or have any experience of enforcing orders or how best to approach the next hearing? I was thinking of pushing for weekly contact and reimbursement of my fees.

Thanks
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#2
And why don't you do that?

The bottom line is this, you need to enforce in order for the court to have use of its full powers. In this case, if the child is becoming distressed, then there is stuff they can suggest. But, the first step is to apply for enforcememt. It's a C79 form and it's very easy to fill out. Free if you're on certain benefits or a low income (Form EX 160).

I have enforced and the result (though I didn't ask for it) was a moving forward of overnight stays and a fine. Ultimately, your ex will just get a ticking off this (first) time round but you need to build a picture with the court of someone who is just difficult.
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#3
(11-28-2017, 02:04 PM)Cheese_head_1986 Wrote: Hi guys

Sorry if this rambles, got a lot going on.

I posted a couple of weeks ago giving an update on how my first contact session with my daughter went. I called the center after I received their report to agree a new approach where I an in one room and my ex in another with an interconnected door so our daughter feels more comfortable.

My court order specifies that I should get contact fortnightly. Well surprise, surprise! My ex can't make the next appointment, nor can she make the weekend after, nor will she consent to visits during the week. She's also ignored the suggestion of trying 2 rooms.

Several scenarios are running through my head but it seems to me that even if She decides to make the appointment on the 9th it would mean my next session won't be until the 23rd, when the centre is closed. Which means the 30th, which is one of her relatives birthday so she won't agree to that either. With things booking up fast at the center and xmas coming around soon I dont think I will get to see my daughter until January. Now she has already told the center "if i had it my way this wouldnt be happening, im only doing this because the court are making me" so im under no illusions that she just wont agree to any times for contact. Which means i apply for an enforcement order in January, but as the whole purpose of the order was to give me and my daughter time to rebuild our relationship, with court date in early February for a review of the supervised contact reports, so I either apply to enforce an order with only 1 month left to run on it (which the court may see as time wasting) or I go to court with 1 or 2 reports out of the 7 I was supposed to have.

She doesn't want to bring our daughter to contact because of how distressed she gets, but then my ex won't try the split rooms which would stop our daughter becoming distressed!

She's so hostile to contact and keeping our daughter to herself it means that she's isolated her from everything, she doesn't let our daughter go to day care or mum and baby classes nothing, so when she moves more than 2m away from our daughter she starts crying, terrified about being seperated from her mum. I warned the court she was hostile to contact and that I was worried my daughter would be isolated and it's all happening!

I'm playing the game here I've jumped through all the hoops waited a year to get to where I am so does anyone know or have any experience of enforcing orders or how best to approach the next hearing? I was thinking of pushing for weekly contact and reimbursement of my fees.

Thanks

You need to check the wording on the Child Arrangements Order, but if it says she must make the Children avaliable, then file a C79.
Note it does not have to be her who brings them. She can ask a friend or family member to drop them off. Therefore, it does not come down to her avaliablity.
As the Resident Parent, it is up to her to arrange Childcare, and for the children to be present for any contact ordered by the Court.
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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#4
That's a really good point. The order just says she must make her available.
I will get in touch with the contact centre and remind them of that. If she keeps postponing contact (as in the centre offering several different days and times) it all adds weight to my concerns and shows her hostility to contact.
I keep hearing that courts don't look favourably on these things being delayed or the non resident parent (me) having to constantly apply to court etc
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#5
Sounds like the same shit I'm dealing with.
First session and then complains that our daughter was "distressed" and contact "did not go well".
Well no shit, she hasn't seen me in 5 months because someone cut me off completely.
Time for second session and she cancels because our girl has a "stuffy nose". WTF.
I'm now expecting her to pull more bullshit this week and cancel again.

If she does I'm seriously considering pressing that C79 button.
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