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Contact Order Breach - C79/ Court Advice please
#1
Hi All, New here and genuinely happy to see such a supportive and informative community so wanted and needed to post. 

I was hoping for some advice on the process around C79 and enforcing the Order currently in place - it's an ongoing breach and in short, all other avenues have been exhausted - other than legal representation (which I am also going to pursue lightly simultaneously). 

Summary -
  • My 8 year old son lives in the UK with his Mother, my Ex-wife - I left the relationship when he was 3 but have never left him. 
  • I live in Europe with my wife and my two other young kids although travel a lot to the UK (once/twice a month) and can travel as much as required.
  • There is a court order in place for contact and this has been in place for some time, over 3 years
  • I am meant to have 2 Skype calls per week and once a month weekend access with alternative B'days, Christmas's, School Holiday access etc - a whole host more
  • The order is breached almost weekly with some calls, no calls (whatever suits her) and access being never overnight and usually not every month - totally on her terms
  • I have business and family in the UK so the fact I live in Europe and travel a lot has never been an issue for access - although of course its used against me all the time
  • Recently access has dried up totally. I havent seen my boy for over 6 mths and not spoken for over 3. She says he doesnt want to - thats because she and her family hate me a poison him against me and never encourage contact. Last time I flew into see him specifically (not a problem), and was told at the airport (UK side) he didnt want to see me - he's 8 years old, he should be guided towards what is right not what he defaults to of course. 
  • Over the years and in this recent period, there are literally thousands of emails from me asking for contact, dates I suggest, options suggested, asking for sit down sessions, most of which are met with serious hostility and verbal abuse. 
  • I do not have her mobile number - the court did not enforce me having it. I just have email!
  • She is in total control now and has been for a long time. Now she doesnt even respond to email, even when I just ask about his welfare etc.
You may ask what am I doing, why is it taking me so long etc? Well, I was seeing my son and speaking to him - its never been enough, but we had and have a great relationship. I was paying private school fees and all costs re contact i.e. flights, driving to see him, accommodation etc. And a year ago, I was sometimes seeing him twice a month - never overnight but I didn't want to enforce too much on him and put him through the ringer - none of this is his fault - I made it very clear to his Mother that I wasn't going away, even though I have a family, kids and happily married etc - he is my son, I love him and he needs me as I need him. On top of this I have a young family that needed stability, a growing business specifically originated and grown between UK and Europe to keep my ability to go to the UK for my son fluid and just the stuff life throws at you.. It costs and takes a lot especially when you live outside of the UK. 

The woman we are dealing with and her family are poison, spiteful, hateful and just a level people cant understand (I have examples that if posted I dont think people would believe). Two mini examples, at the last court hearing she was removed for shouting at the bar and judges! Her Father and her played videos of my son saying he loved them for me to hear while we were waiting to go in to the court room. Im not questioning her being a mother to him, but she is openly saying I should never see him and just disappear - and thats what my 8 year old son wants! I have literally thousands of examples of the level this woman is able to reach - she wont reason with anyone and has no friends that I know at all - all the ones I know have disassociated themselves. 

A very shortened version of an extremely long and painful experience that goes on and does not put my son first at all. I know I need to go back to court of course, I know Ive talen to long and been weak - I was in hope that things could be turned, they cant and I will submit docs immediately. I have informed her I will be doing this as well as involving a lawyer to write a letter informing her of what could happen to her if she is found in contempt and breaking the order etc.. and inviting her to consider access options very rapidly. I have had less time than I do now, I am also tired of submitting warnings and being reasonable - My son needs me and his family and I need him - we all do. 

My questions and advice seeking - 
C79 and Court hearing - can I expedite this at all? I have been to court and the process takes too long as we all know re family issues. 
Can I/ shall I provide evidence such as email requests and responses (literally 1000's) and order breaches (I have most noted)? Does this make a difference?
What can I expect from the next hearing? I know the order may be changed to suit the circumstances - thats fine but I dont want less access if possible.
My family is in full support and we can be in the UK for access to my son, whats the best way of informing the court of intentions and possibility etc?
Can I get any outside parties in to help such as CAFCASS or anyone else that may help and add weight?
Any advice on this process at all - very helpful - I will submit docs ASAP so wanted to see what you guys said from experience and knowledge please. 

Thank you all. Please do get in touch or post thread if you can help. 
James
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#2
I would try and get your solicitor to get you an emergency court hearing. It may get turned down but worth a try. I think you need to do c79 and variate order, c1a possibly as well

Family court wont do much about breach apart from tell your ex partner off, but i think you are meant to breach ex partner if she has done it say twice for example. So you could breach her on not letting you have your son 1 weekend a month rather than all the calls you havent had. I would give all your evidence to your solicitor ...most important any texts that are nasty that she is alleging your son has said... as you could suggest parent alienation on a c1a form or something similar. A solicitor will get the best bits out of your evidence.

When you do variate order i think it would be a good idea to pick your son up from his school if you can on a friday afternoon and drop back to his mum sunday evening or if you can do it better off back to his school monday morning. Picking him up from school will make it not so easy for his mum to stop access .
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#3
Thanks so much warwickshire1 - I will look into everything you mentioned - really helpful. I dont want to variate if I dont have to - can I variate AND enforce the current order or variate only?
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