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Is this a breach?
#1
Bit of background, currently have supervised contact for 3 hrs every other Saturday. Back in March I applied for breach of contact due to ex refusing 3 visits as I had lost my job and could no longer pay the £12 per hour supervision fee (the nanny/au pair supervises). The fee was not court imposed, the ex introduced it as part of her terms back in September last year after an argument about me reducing my nursery fee contribution. 

Anyhow, the court did not uphold my application for breach of contact, they were of the view that any parent would be expected to pay for supervision, so complete waste of everyone's time despite having received legal advice to the contrary.

So, we go back to court in June for variation of CAO (I have applied for increased contact, leading to unsupervised). Ex has emailed me today to tell me that I cannot have contact this saturday as they are attending a special event. I feel this is unreasonably short notice and a potential breach, however I am trying to remain flexible and reasonable about this and I have agreed to move contact to the Sunday (fortunately I don't have any arrangements the following day). Seems to me that she can just keep messing me about and not suffer any consequences. I have in the past given her in advance of 6 weeks notice to move a contact date which was not agreed so I ended up not seeing my daughter for over a month. Really feeling quite let down by the family courts that she can continue to control the situation. I have a telephone interview with CAFCASS next week and I intend to let them know about this "minor" breach. Just feels like the court and CAFCASS don't care about her actions, yet if it was me it would be a totally different view.

Thanks for reading.
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#2
HI, the only suggestion I'd have is play the long game and don't rock too much for the 'minor' breaches..It is not to say you don't do anything. If ex is rescheduling and not bringing the children to contact center she will be branded as willfully obstructing the contact which I'm sure CAFCASS will take notice of, and you ensure there is a mention of contact obstructions in their 'report to court'.

In my personal experience, I have had instances when Ex came late, didn't show up, moved contact times and finally just withdrew from contact despite the best efforts from contact center to trace her...all off which went against Ex in the long run. As much as It was pain for me not seeing the children for months, I tried to suck it up knowing well that I will have my time with the children at some point.

When we fathers already at contact center for whatever reasons we are already in a defensive position from system perspective, our focus ought to be getting out of contact center slow and steady, I wouldn't sending breach notices to ex while still in contact center.
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#3
(05-20-2019, 09:35 AM)Bazeydog Wrote: Bit of background, currently have supervised contact for 3 hrs every other Saturday. Back in March I applied for breach of contact due to ex refusing 3 visits as I had lost my job and could no longer pay the £12 per hour supervision fee (the nanny/au pair supervises). The fee was not court imposed, the ex introduced it as part of her terms back in September last year after an argument about me reducing my nursery fee contribution. 

Anyhow, the court did not uphold my application for breach of contact, they were of the view that any parent would be expected to pay for supervision, so complete waste of everyone's time despite having received legal advice to the contrary.

So, we go back to court in June for variation of CAO (I have applied for increased contact, leading to unsupervised). Ex has emailed me today to tell me that I cannot have contact this saturday as they are attending a special event. I feel this is unreasonably short notice and a potential breach, however I am trying to remain flexible and reasonable about this and I have agreed to move contact to the Sunday (fortunately I don't have any arrangements the following day). Seems to me that she can just keep messing me about and not suffer any consequences. I have in the past given her in advance of 6 weeks notice to move a contact date which was not agreed so I ended up not seeing my daughter for over a month. Really feeling quite let down by the family courts that she can continue to control the situation. I have a telephone interview with CAFCASS next week and I intend to let them know about this "minor" breach. Just feels like the court and CAFCASS don't care about her actions, yet if it was me it would be a totally different view.

Thanks for reading.

I would contact the Court, and request that the case is upgraded to be an Urgent Hearing, as your ex is now not following the existing Order. Its either that, or also file a c79 to enforce, but that would involve another court fee.
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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