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Thoughts on breaching an order
#1
Has any dads experienced the ex stopping contact after a final order hearing.

I am in a situation where Im in court again next month which was meant to be a retrial/final hearing until cafcass divided to put spanner in by requesting a rule 16.4.

Cut a long story short.
1.Final order was incorrect,
2.I appealled , won a retrial under dv and child contact rule.12j
3.old order remains which contradicts the 12j.
4.concerns remain mother and her abusive nature. No assessments carried out on mother etc to make contact safe.
5. Overnight stay to start once she secures own property which will be in 2 weeks time.
6.cafcass ignoring the situation.

My question is shall I breach the order considering the overall safeguarding concerns.
Cafcass stated before that contact was safe in the refuge.
My argument was it was not the accommodation that I am concerned about its the parent who has not been assessed.

Rule 12j states no contact to be considered etc re dv involved until etc.

As a concerned parent surely the welfare of the child overalls what schedule is in place on the current order,

I may get a slapped wrist but I will have a valid reason for stopping contact


Any suggestions??
Oh I was the resident parent up until the micky mouse consent order was done .now it states shared. I did not agree this. My son still in my care until overnights in a few weeks.
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#2
Ah yours was a consent order too then. Shout it out - never accept a consent order! I feel like a total idiot. Otherwise I don't know in your situation. Could you get social services involved to do an assessment and check on things - if you do stop it, it could help to either have some back up or let them take some responsibility for keeping an eye on things if they don't tell you to stop contact.
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#3
I have breached my order myself, but then my order was completely unworkable and one of us was going to breach it at one point (we have both breached in one way or another, but apparently its my breach thats the issue!)
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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#4
Thx guys.. Another nightmare to add.
Just received court paper work soon after I posted this.

Full day Hearing vacated on xxx day and moved 3 days early for a 1 hour hearing.

The hearing has now to determine if the judge rules in favour of a rule 16.4.,thanks to the incompetent cafcass

So now really in a pickle with trying to think what way fwd.
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