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Court Order Broken
#1
Mother of my daughter has broken the court agreement - I have now been advised I need a C79 form to have this issue addressed - there is a fee attached to this! Surely I cannot be expected to pay to take her to court to see my daughter, then be told by the judges that if she breaks the agreement its a criminal offence they take very seriously, to then have to pay to take her back to court. So are the courts saying its only a criminal act IF I PAY FOR IT?
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#2
Welcome to the family court - yes you do have to pay for it, however, its unlikely that she will get more than a slap on the wrists and told not to be naughty again
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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#3
Yep, my ex was found in breach of the order and continues to do so every week, unfortunately the courts do nothing to enforce the issues and therefore my ex thinks she is above the law...my ex even challenged the judges so much so that they had to get up and walk out!!! It's an expensive game they play and unfortunately one we end up out of pocket with.... until the courts actually do something about my ex's behaviour she will continue to breach the order as she is above the law!!
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#4
Marios84... It would also depend what your ex partner has done which would warrant a breach. What has she actually done as it needs to be a very good one. Like invis said you get a telling off first time infact sometimes they dont do anything at all.

Some people breach ex partners for ridiculous things or not tried other ways first to resolve
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#5
There is another line of thought and advice in various places though, to enforce every single breach - even if she does just get a slap on the wrist - because it sets a pattern. And a Judge could, after say 3 breaches, get much heavier. If they decide to, a Judge can vary or add a clause to an order saying if she breaches again then residency would be transferred - but it depends on the scale of things. They might also decide to vary the order to make it much tighter and more defined.

But as Warwickshire says, to enforce, she has to have breached without good reason. If she can show good reason then it won't be considered a breach. So if her car breaks down and you get the kids two hours late because she got home late, that's just one of those things and not a breach really. But if she cancels a day without your agreement then that's a breach. Saying the kids have been invited somewhere isn't a good reason. Sometimes events do come up on the wrong week-end - eg if she had a family wedding and the kids were going to be bridesmaids or whatever - but in that case she should ask you to have a different day or night instead, and you'd be expected to be flexible on that - and vice versa.

I actually had to have it specified in my order that both parties would be flexible but if any change wasn't agreed then the arrangements reverted to the order.

Yes it is wrong that the Dad has to keep paying to enforce these breaches. What's wrong is that both parents should have equal status in terms of the child living with them - still doesn't stop someone messing about though.

What are the circumstances? If this is the only time and she wants them for one of your days, you could let this one go but put something in writing to say that on this occasion you agree to the change if she will allow kids to come for an extra day at half term or something. But if she breaches again, then enforce, and you then have evidence of how reasonable you have been before. (Otherwise courts think you're both as bad as each other).
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#6
Not sure if this constitutes as a breach or just simply bad parenting...

I have my daughter from school until 7.30pm on a Wednesday. Last Wednesday, mother refused to have her daughter back - when I turned up to her house she was not there and wouldn't answer the phone. Leaving me to drive my 4 year old home (45min travel) late at night on a school night with no uniform. My daughter was distressed blaming herself for her mum refusing to come back home to take her daughter in.
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#7
Probably a bit late to breach now . If you picked her up from school wouldnt she of had school uniform on. I would of asked in future if she doesnt want daughter back that you should be informed so you can take daughter to school yourself in morning
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#8
I don't even know what's the point of family courts when everything is against the father. Equal parental responsibility BULLSHIT! It's like someone is trying to tell you that police must follow the highway code like all motorists yes it's all nice on paper but when they decided to jump the red light putting lights on or do the u turn driving on pavement who can give them ticket? Obviously they ll say it's emergency noone can do anything, same thing with mother she can do whatever, but yeah on paper we all have to follow highway code sure!
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