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How soon is too soon to head back to court?
#1
Right so after having my final hearing only a couple of months ago, contact is going well and our daughter is completely happy and content with me.  It is already apparent that mother will not act in the best interests of our daughter though.  The court made it crystal clear that they expected us to work together and act in the best interests of our daughter. The order is a progressive order where it states when overnights start but they wouldnt go as far as ordering increasing contact time as they said we should as act reasonably as we are both her parents. 

Now obviously mother has blankly refused to do this and will only follow exactly the times/days the order states. She will only do what she wants and will not increase contact even when it is completely reasonable. For instance on a Wednesday i have our daughter from 4-5.30pm. She lied in court and basically played the whole she needs her routine card. Mother works monday/Tuesday until 5.30 so the routine is a lie. She also takes her other daughter to dance class until 630-7pm on Wednesdays during term time. She obviously also continues with her lies and allegations against me and will tell anyone that will listen. 

I have written her a letter asking that contact be increased a little at a time and there was no reason why i could not keep her whilst she was at dance and could drop her back afterwards. Her response is her usual one and that is to just completely blank it and not respond. This is what she used to do before court, she thinks if she does this then there is no proof of her denying it or saying otherwise. 

I have explained that it is in our daughters best interests to spend more time with me and it should build up as we approach overnights as i feel it would benefit her, rather than just expecting her to go straight into 2 days with me. I think this is completely reasonable. I have just been to another MIAM to try and get her to at least communicate and have even offered to pay for this. But obviously it is not what she wants, shes wants to keep her as much as she can. It is all about her in the pretence it is about our daughter, even if she comes she wont agree to much if anything.  

Now i know courts do not like to see you soon afterwards as they want you to act like responsible parents. But how soon is too soon, she is clearly not going to change and has only ever done what the courts have told her, she refuses anything else. Surely they dont expect you to just carry on trying when it is completely obvious that one side will not change and will not act in the best interests of the child?

I dont see the point in waiting, they might want us to act in a way we should and give things a chance to settle but things are not going to change. She is not denying contact but simply refuses any more other than what was ordered. Im really not comfortable with waiting just for the sake of it.
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#2
How long since the last order? If she isn't complying with progressing contact then it's like a breach so I think it would be reasonable to apply for it to be varied and defined. I'd write her a further letter setting out the exact schedule you want to progress to from x date and ask for a response within 14 days. If you don't get a response write a further letter saying, as no response and she has declined mediation you will be taking further advice. If she does reply and says no - then write a letter saying the order for progressing contact is not being complied with, she has declined mediation and so you will be taking advice. If still no response after another 14 days then apply for a variation. There is a lot of bluff in these things. She probably thinks you won't want the cost and hassle of going back to court so sometimes it takes a court application to actually get someone to negotiate.
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