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Breach of court order 4 weeks after final order
#1
Just in need of advice and pointing in the right direction. 4 weeks ago the final court order was made which stipulated a build up in contact to 8 hours a day 3 days a week, then by the end of July overnight to commence every other week, to be increased with agreement from the parents. Parties have agreed to make sensible arrangements with regards to christmas, birthday fathers day and mothers day.

Obviously today was fathers day. The agreement made was that he would have his daughter for 5 hours at a set time. That was what she offered, and he agreed to that.

Last night she messaged cancelling today. He replied with concern for his daughter asking if she was unwell. He got the response back to say no she is not ill, but she will not be coming to contact because I have (his partner) posted a picture of him, his daughter and my children on social media. She wrote the words "This is the reason she won't be coming". (FYI: she posts pictures on SM of her daughter, as does her own partner, who has publicly visable pictures of him holding the little one, and describing her and the other daughter as 'his girls'. So this is not a case of antagonising or objections to pictures on SM of the child).

He replied back calmly that she would be in breech of the court order if she did that, and he wrote the words in the order and the agreement they had made. She confirmed this agreement was made but said that if I took the picture down he could have her until 1pm (3 hours not the 5 agreed) as her plans had now changed.

A couple more messages passed with him saying that the agreed plan was 5 hours and that he would be sticking to that arrangement. He said if she had safeguarding concerns she should report those in the correct channel and that withholding contact was not in the child's best interest.

In the end he simply said I will be there to collect at 10am. Then he blocked the number to avoid any further conflict.

He turned up at 10 this morning and her boyfriend answered the door, and refused him access to the child saying that he (my partner) had chosen to refuse contact by not replying to messages.

He walked away, as this man was clearly tryibg to provoke, hence why he answered the door, not her.

So, given the above, he wishes to return to court. The order simply isn't explicit enough. He knew this. He knew it would happen. She can not make sensible arrangements and is quite happy to use the child as a weapon.

There is obviously a lot more history to the case which I've posted previously, if you feel it may be relevant to this.

What does he do? Go for an emergency hearing? A variation? He's currently not working and will be eligible for legal aid as he is a DV victim. But he will have to wait for the legal aid to come through. In the meanwhile he doesn't want to waste time and wants to start proceedings.

Can anyone offer advice?
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#2
My advice would be: Father days is over now and what she has done is wrong and disgusting. However its done now and theres no turning back. She knows how much she would of hurted him on this special day. trust me its been done to me at least 3/4 years in a row.

How to move on is to see if next contact goes ahead as normal which is for 8 hours, hopefully it does. I would advise not to mention what happened fathers day as nothing can be done about it now especially if u get usual contact. If u don't get your usual 8 hours then that is a breach as that would indicate to me that she is likely to stop all contact until next court appearance.

But from my experience be careful of any special events , birthdays , Christmas or anything significant as its likely to happen again. I hope it don't , but if it does its highly likely u will need to return to court again Sad
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#3
I think generally the advice is to enforce any breach. However enforcement is if there is no good reason to prevent contact. She will claim she had a good reason and there was a welfare issue. The court may ask why you didn't just take the photos down. She is still wrong in stopping contact. However I would have agreed to take the photos down. To be honest social media and photos of kids is a minefield. I just don't do social media for that reason.

So you either enforce for a breach or wait to see if contact resumes. If she still witholds contact then enforce the order.
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#4
you need to enforce within 3 occurrences or you are deemed to have accepted 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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#5
(06-19-2018, 02:22 AM)invisibleintellectual Wrote: you need to enforce within 3 occurrences or you are deemed to have accepted it



Sorry to jump on, I've had court order broken twice in a row now, and i can see you've said enforce within 3.... im sorting out enforcing it, but by the time everything's sent in and I've paid it could possibly be 3. do you know if i write to the court to advise its been broken, and enforcement is incoming, whether or not this circumvents this?
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#6
you should advise it's been broken again and push for sanctions on 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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