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Court Order - Help Needed
#1
Hi, 

I need some advice on what steps to take as me and my ex have a court order in place I have my daughter every other weekend Fri 5pm - Sun 5pm and one night in the week, we both agreed that one night in the week would have to stop for now due to me starting a new job (Not local) (Written agreement via Text). I had my daughter 3 weeks in a row as my ex partner wanted to go out of course I agreed. Back story to this was I picked my daughter up from school Friday took her to my parents 2 hours away, on way my car exhaust had broken and was being repaired that weekend be done by the Monday messaged my ex to let her know that I will bring our daughter back Monday morning, she flipped saying no she wants her back by 5pm (this wasn't a court ordered weekend this was me having my daughter as my ex wanted to go out bank holiday weekend) so 5pm rule didn't apply) so I said i couldn't get her back by 5pm but she can come and pick our daughter up or my sister would drive me halfway to meet her as my sister lives that way. Ex disagreed so she called the police who agreed with my ex and said she needs to be back by 5pm as they had read the court order, but as i said this wasn't a court order arrangement, I had to meet my ex halfway. As soon as I dropped her off i received a message saying your never seeing her again and she has blocked all contact, apart from telling me if I want to see my daughter again take her to court. It is my weekend this weekend and emailed telling my ex this for her to respond take me to court... I need advice on whether I can call the police can the enforce this and what happens next in court? Any help advice would be appreciated.

Thank you
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#2
She will be in breach of the said order.
The police can enforce if the order states as per directed on the order.
I would file for a enforcement order as so that the ex to comply with the order. She will indeed be in breach of the order if no contact has taken place.

Seems you have been very reasonable with your approach. Its a shame your ex cannot.
Keep a record of everything.
Email the courts if a breach is to occur, with intentions to enforce the order by way of a further application.
This way your creating some level of evidence. Courts dont like it as they prefer you to depart with your money and make formal application. But I believe it is necessary. I practice this all the time at work.

Hopefully contact goes a head as planned
Feel free to inbox me.
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#3
(06-06-2019, 04:26 PM)Elliottdavies7 Wrote: Ex disagreed so she called the police who agreed with my ex and said she needs to be back by 5pm as they had read the court order, but as i said this wasn't a court order arrangement, 

it is bit confusing that you say police read the court order but you think it is not court order arrangement ? 
I'd say it doesn't matter how the agreement was reached whether family based or through court, as once court puts a seal on it, it becomes the court order so from that perspective your ex Id say entitled to quote the order, but I do think you have handled it maturely.
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#4
I think what Elliotdavies7 has suggested is that he had the kids when in fact it was his ex's weekend with them. Essentially, she had asked him to have them when it was her contact time.

If your ex had asked for flexibility from the court order whereby, you have the kids over her weekend then she would be expected to do the same given your exceptional circumstances with the car on Sunday afternoon. You also offered for her to drive down or meet half way which is reasonable.

I would be reluctant to keep involving the police; suggest to her in writing asking contact is reinstated in line with the court order, if that does not work then it'll be court to enforce.
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#5
The police have given poor advise or been lied to by your ex partner. She allowed u to have daughter during her quality time .. (her) weekend so there is no court order to follow . U had genuine reasons why u couldn't return her , if u fail to see your daughter this weekend it's a breach. I wouldn't necessarily enforce I immediately as she may calm down due to fact u had extra weekend she could say anything and would actually enforce order after 2nd clear breach. Please do try and be nice to ex and try and resolve things before doing so
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#6
(06-06-2019, 04:26 PM)Elliottdavies7 Wrote: Hi, 

I need some advice on what steps to take as me and my ex have a court order in place I have my daughter every other weekend Fri 5pm - Sun 5pm and one night in the week, we both agreed that one night in the week would have to stop for now due to me starting a new job (Not local) (Written agreement via Text). I had my daughter 3 weeks in a row as my ex partner wanted to go out of course I agreed. Back story to this was I picked my daughter up from school Friday took her to my parents 2 hours away, on way my car exhaust had broken and was being repaired that weekend be done by the Monday messaged my ex to let her know that I will bring our daughter back Monday morning, she flipped saying no she wants her back by 5pm (this wasn't a court ordered weekend this was me having my daughter as my ex wanted to go out bank holiday weekend) so 5pm rule didn't apply) so I said i couldn't get her back by 5pm but she can come and pick our daughter up or my sister would drive me halfway to meet her as my sister lives that way. Ex disagreed so she called the police who agreed with my ex and said she needs to be back by 5pm as they had read the court order, but as i said this wasn't a court order arrangement, I had to meet my ex halfway. As soon as I dropped her off i received a message saying your never seeing her again and she has blocked all contact, apart from telling me if I want to see my daughter again take her to court. It is my weekend this weekend and emailed telling my ex this for her to respond take me to court... I need advice on whether I can call the police can the enforce this and what happens next in court? Any help advice would be appreciated.

Thank you

The way to enforce it is using Form C79.

The fact is that once the Court Order Exists, it removes the decision from her as to if contact can happen.

The only way she could legally stop the contact, would be to file an applicaiton to Stay, or Vary the Order.

Regarding the distance, is your Child Support via CMS? If so, make them aware how often contact is, and the round trip miles. You only have to pay £10 per week, then rest comes off the award.
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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