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Mother changing contact as she pleasws
#1
Have just come home from a three week holiday. Which my ex was fully aware of, though after returning she has stated that our daughter is now 'not used to me' due to not seeing me for three weeks. And that contact must be built up again starting with supervised sessions with her and my daughter at a play area. To be built up back to two afternoons a week over a period of three weeks.

We have a court order in place stating two after noons a week. This has been fine for the last few months, does this mean every time I go on holiday I must restart contact again? I know she is not in the right and is breaking the court order if she follows through with this.

The letter is from her solicitor, surely her legal rep would know this is a blatant violation of the court order..

I have a review hearing in November to move up too 2 nights of contact per week, should I wait until then to bring this issue up and have it enforced ? Or should I apply for an enforcement hearing now?

Thanks !
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#2
Solicitors will write a letter saying anything you ask them to. Regardless of the truth.

You can apply for the order to be enforced but it's probably better to start with a strongly worded letter of your own pointing out that she would be in breach of the order if she continues like this.
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#3
I can understand her solicitor doing what the client wants. But would have thought common sense on her side would prevail that it's a blatant breach of the court order..

I have until Sunday till she has broken the court order. When it gets to Monday I'll start drafting something up
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#4
Personally I’d warn her before hand
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#5
I would keep a log of everything she is doing wrong up until next court hearing. She is just being stupid but maybe go along with it reluctantly knowing that you are in court in November for a review hearing and then you will get what you want. I dont see any point in breaching her as you already going to court and she may stop all contact out of spite. Your ex is clearly jealous u had a holiday and enjoyed yourself and is just being spiteful.
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#6
The solicitor won’t really care about anything other than getting paid for writing a letter and their time. Ethically he should point out that she is an breach of the court order but they cannot run their practises without money.

Divorce and all the ensuing shenanigans from that are easy money for them really.
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#7
She has broken a previous court order when contact initially resumed in a play area. She was told to stay in the local vicinity. Instead she insisted she had to be no more than a few feet from our daughter because she was "unsettled", this made seeing my daughter very difficult when she wouldn't leave us alone.

Since contact has resumed she has also received a police caution for harrassment against me as well.

I'd rather not pay for another hearing to enforce before the November hearing, I've already attended 7 hearings and I'm getting quite sick of this whole court procedure now. It's wearing thin and costing me a lot. Hopefully this hearing in November will be the last!

At the hearing in November, if i mention the court order breach this week, her previous one at the play area, and the police caution, will she received any sort of punishment ? She was also found on no finding at a fact finding hearing were she accused me of raping her. I'd like to think this all paints a pretty clear image of her to the judge and some form of action is taken to deter her from using our daughter as a weapon.
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#8
Unfortunately they wont do a lot , but its your opportunity to keep getting more access and likelihood is they will grant it.

I think you need a court order but done in phased stages so you dont have to keep coming back so you eventually got every other weekend and 1 night during week for example. your daughter is only around 2 isnt she. with your ex hostility and simply been awkward its about time you get an order you deserve
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#9
(08-10-2018, 02:36 AM)kettleman Wrote: Have just come home from a three week holiday. Which my ex was fully aware of, though after returning she has stated that our daughter is now 'not used to me' due to not seeing me for three weeks. And that contact must be built up again starting with supervised sessions with her and my daughter at a play area. To be built up back to two afternoons a week over a period of three weeks.

We have a court order in place stating two after noons a week. This has been fine for the last few months, does this mean every time I go on holiday I must restart contact again? I know she is not in the right and is breaking the court order if she follows through with this.

The letter is from her solicitor, surely her legal rep would know this is a blatant violation of the court order..

I have a review hearing in November to move up too 2 nights of contact per week, should I wait until then to bring this issue up and have it enforced ? Or should I apply for an enforcement hearing now?

Thanks !

Inform her solicitor that you will be filling a C79 if contact does not carry on as per the Order. They should know the system, if thats their clients position, they need to apply to court to vary the 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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#10
(08-11-2018, 08:30 AM)MarkR Wrote:
(08-10-2018, 02:36 AM)kettleman Wrote: Have just come home from a three week holiday. Which my ex was fully aware of, though after returning she has stated that our daughter is now 'not used to me' due to not seeing me for three weeks. And that contact must be built up again starting with supervised sessions with her and my daughter at a play area. To be built up back to two afternoons a week over a period of three weeks.

We have a court order in place stating two after noons a week. This has been fine for the last few months, does this mean every time I go on holiday I must restart contact again? I know she is not in the right and is breaking the court order if she follows through with this.

The letter is from her solicitor, surely her legal rep would know this is a blatant violation of the court order..

I have a review hearing in November to move up too 2 nights of contact per week, should I wait until then to bring this issue up and have it enforced ? Or should I apply for an enforcement hearing now?

Thanks !

Inform her solicitor that you will be filling a C79 if contact does not carry on as per the Order. They should know the system, if thats their clients position, they need to apply to court to vary the Order.

Wheres the God damn clapping emoji?

I always look forward to your comments
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