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Breach of Court Order: What Steps to Take Next?

By: Louise Smith, barrister - Updated: 11 Nov 2018 | comments*Discuss
 
Contact Order Court Warning Notice

Q.

I have a court order in order to see my daughter. In court the times were agreed as to when I get to see my daughter. Her mother keeps changing the times when I can pick her up so is constantly in breach of the court order.

I am not happy with this and there is no reasoning with the mother. How do I take it back to court?

(C.T, 2 April 2009)

A.

Contact Orders

A contact order is a court order which sets out the circumstances in which someone who does not live with a child may see that child. Contact Orders often relate to a parent’s contact with their child but they may also be made in relation to contact with the child’s grandparents, brothers and sisters or other relatives.

Breach of a Contact Order

The odd deviation from the terms of a contact order may be forgiven. However, it can be very frustrating for a parent without custody if the parent with custody seems to be deliberately preventing contact. Talking to the other person should always be the first step. If - as in your case - this gets nowhere, a letter from a solicitor reminding the other person of their obligations may work. If they still refuse to comply, an application may be made to court.

Warning Notices and Enforcing Contact Orders

All contact orders made since 8th December 2008 contain a warning notice setting out the consequences of failure to comply. A contact order varied by a court after this date should also have a warning notice attached. Before applying to enforce a contact order made prior to that date an application must first be made to have a warning notice attached to it.

An application to have a warning notice attached to a contact order is made using form C78 which is available to download from the HMCS (Her Majesty’s Court Service) website.

The Court’s Powers to Enforce a Contact Order

If a court is satisfied beyond reasonable doubt that there has been a breach of a contact order, and that there is no reasonable excuse for the breach, they may make an enforcement order. An enforcement order requires the party in breach to carry out between 40 and 200 hours of unpaid work, which will be monitored by the probation service. If breach of the contact order has led to financial loss – for example a cancelled holiday - an application may also be made to the court for financial compensation.

An application for an enforcement order, or for financial compensation, is made using form C79, which may also be downloaded from the HMCS website. The application may be made to the court which made the contact order or to any court which has the power to deal with family cases.

The court also has the power to find that an individual is in contempt of court for failing to comply with a contact order. If a party persistently breaches a contact order they may be held to be in contempt of court and could be committed to prison or fined.

It would be advisable to seek legal advice about your situation before making an application. The Citizens Advice Bureau should be able to provide free legal advice about the steps to take following breach of a contact order.

For more information about family courts and what to expect take a look at our article What Happens at Family Court.

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My daughter has court order to see her dad every fortnight, long story short I ended up having to pay more because he wouldn't agree to picking her up on a Saturday morning he demanded Friday afternoon school even though the courts and myself said it wasn't possible to collect her every other Friday 3pm say but he demanded and cost me more,to him now not communicating with me and asking my dad to drop her off at station for 5pm due to work. this is in breach of his court order and also again he is in £2k over arrears because he isn't working where do I stand he has only collected her 5 max times from school because of work yet CMS state he isn't working . Where does the line stop breaching order and hasn't paid a penny toward financial dupoort. I claim nothing in benefit I work full time and have nothing apart from a beautiful daughter who loves me
Trace - 11-Nov-18 @ 2:22 AM
Hi. I'm a step dad, and my stepson has contact with his father through a contact order everyother weekend, Wednesday evenings and shared holidays. The father is a known cannabis user and was told by the courts not to use cannabis 24hrs before contact and for the duration of contact, yet my stepson has said a number of times he believes his father is using 'Wacky Baccy' as he calls it, everytime he is there, which makes me believe he is drug driving with my stepson too as he does drop offs. Along side this my stepson tells me his father tells him to be naughty when he comes home to me and his mother, otherwise he will be told off. Can you please give me advice on what to do?
Dave - 24-Oct-18 @ 4:11 PM
Separated from husband since June, previous residency order in place for 3/4 night split in my favour. he doesn't yet have children overnight and has lived in with friend, will not divulge address and is not able at current address to accommodate overnight. Does not pay maintenance or contribute financially claiming I get the tax credits. His girlfriend has made a couple of innapropriate comments to my 13 year old about their sex life, in addition, an hour before bringing him on 1 occasion home they went upstairs for a sneaky session which was heard in full by my boy downstairs. Help please, I want this girl away from my son and the order with dad reviewing. Advice please!
Twinkle - 24-Sep-18 @ 11:51 PM
Could you please advise. When me n my ex divorced I stayed in the house with our 2 kids. He wanted his half of the equity in the house so as part of the divorce my mum lent me 15k to pay him off but he had to release all his interest in the property which I paid my solicitor £500 and a court order was raised.He was paid the 15k but never adhered to the court order so I stets the process of getting his name off . My bank paid my spicier fees for the new mortgage but we're charging me £318 to take his name off. I have asked him to pay this and he refuses. How do I stand as he has broken the court otder
Amber - 22-Sep-18 @ 7:23 AM
I am at my wits end my ex has alienated me from my son and gained residency of him because my oldest daughter has got a few mental health problems he blamed her for the abuse that has blatantly been happening i have been following the court order and he had broken it last weekend because of the cusp of the half term holidays and i sort legal advice today saying that every thing he is not agreeing with and trying to force me to limited contact thats not even the allocated 50/50 half term holidays and its now making me so ill and feeling depressed that i am starting to feel like that because hes not agreeing with anything other than his started terms that i want to withdraw my half of the contact order and give up trying to fight for my sons rights
Missy - 25-Jul-18 @ 8:41 PM
Can anyone please help, my wife has lost her two children to her ex, this was agreed in court yet he has completely stopped the children from having any contact with her via phone or other. There was a few orders set out by the court yet he has adhered to none of them, can somebody please advise of what the best steps are to take as she is an emotional wreck and as not spoken or seen her two children for 6 months now, she has tried to contact them all the time but he is brain washing them. Unfortunately we are not in a position to pay for solicitors, just some good advice would be most welcome. Many thanks in advance
Belly - 27-May-18 @ 12:41 AM
Sophie- Your Question:
At this far in the process therefore I am asking on here. Sorry for the long 3 page message and thankyou for your time and help.

Our Response:
Unfortunately, this is rather a long message and one that cannot be answered as in-depth as you require. We cannot anticipate what the court may decide. Likewise, it is unlikely your partner would be allowed custody of the child if he is not in his child's life very much. A court will only hand the child over to the other parent in extreme cases. The court will also only go so far with breaches of contact orders with regards to punishing the child's mother (prison is only ever seen as a very last resort - as it is not seen as being in the child's best interests). The Separated Dads forum may be able to answer your questions. However, it is always best to keep questions short and concise.
CourtroomAdvice - 14-May-18 @ 2:58 PM
at this far in the process therefore I am asking on here. Sorry for the long 3 page message and thankyou for your time and help.
Sophie - 11-May-18 @ 9:55 PM
failed to attend some court hearings and was therefore found in contempt of court but unfortunately has continued with her abnormal behaviour. This year She was also to provide a GP report regarding her mental health and her evidence of being bed bound but failed to bring it to the last hearing and stated she was unwilling to pay the £70. This was not mentioned again and I believe she does not have to provide it now and it has been dropped however we believe it should be looked into again regarding her mental health. What do you advise we request regarding this please? The last hearing was a monthago And for not providing the GP report she was issued unpaid work, the judge also confirmed to her and my partner that their child is clearly happy and smiling in the pictures which my partner had provided however she has continued to breach the order again and their is another hearing due in June to review. It also said on the court order that it will be assessed by caffcass if their is unpaid work available.Does this mean that their is a chance that she may not receive the unpaid work and if so what will happen then? She is now laughing at the fact she has community service saying I haven’t got it yet have I. It is clear now that even the process of unpaid work has had no effect as she has only allowed him to come once and is still claiming he is unhappy yet my partner sent her the reassurance that time of his son having a good time which he is doing for evidence in court as it is working however she is extremely unhappy about this and has now blocked his number. Please could I ask for your advise on what to put in this next statement and for your professional opinion as we are seriously considering requesting for a change of residency as we feel it will be the only way to guarantee he will have a relationship with both his parents. Do you think it would be to early to ask during the unpaid work process as I strongly believe a fine will have no affect as she is so desperate for him not to come. We know that prison is a last resort but that would be down to the judge as we would much prefer him to come and live with us. We are also mentioning holidays and Christmas as every year he has missed out on both as per court order and she has claimed to my partner there is no chance we will have him for a week however we are due to have him in August again this year for the week. Every year we have booked it off to take him but she has claimed he is to poorly on the day which has had a depressing affect on the week and his son has missed out on so much due to the matter. Is there anything we can request regarding firm boundaries to holidays this year? My partner has used solicitors in the past however it is expensive and we feel it has been more successful since he has represented himself and provided his own evidence with my support as nobody nose the case better than him. Unfortunately there is no more information or advise on the internet a
Sophie - 11-May-18 @ 9:40 PM
Hi My partner has been going through thecourt process for 4 years to see his son who is nearly 6. It will now be the 10th time the matter has attended court and each time the court order has been enforced the mother has allowed his son to visit our home at first however it was always hit and miss for a few week and then contact stopped completely for months at a time for different reasons until the next hearing. She has used many different reasons in court for her non compliance including not knowing our address and being bed ridden etc which were found to be all lies. She has persistently manipulated every situation when speaking to cafcass and CSA however my partner has always payed child maintenance from birth every month and has bank statements to prove this. It has been evident that although I do not get involved with the matter and I have never met her in person (my partner picks him up alone) she does not want her child to have a relationship with me when he visits our home and is extremely jealous when he goes home happy.Unfortunately she now claims my partner has never been there so that is the reason she will not turn up although he has not stopped asking to see him since there separation and she has never allowed him to visit their home which is the reason for applying to court in the first place, since applying all he has done is attempted to encourage her to follow the court order however she still refuses. Up until last year she has used the reason that their son does not want to come and is screaming (we have never witnessed him screaming). She had forced him to tell my partner he doesn’t want to which has made his son cry at handovers on several occasions, My partner has witnessed her dragging his son to the car and forcing him to say he doesn’t want to go which has been reported in previous position statements. She used to ring when he was at our home however his son has secretly refused to speak to his mum as he is scared to admit he wants to sleep the night and begins to cry as she demands he is to ring her all the time/ bring him home earlier and persistently interferes with contact. Their child is under extreme pressure not come and it is very concerning of the emotional effect which we have also expressed in statements as he is crying to my partner saying his mum is saying to him ‘i am going to miss her way to much if I sleep and I should ask to go home before bed’ It has all been reported in statements along with many other incidents including her verbal abuse towards my partner at handovers which she has been warned about by several judges. When she has stopped contact my partner still turns up every time and sent her messages but no response. Last year She failed to attend some court hearings and was therefore found in contempt of court but unfortunately has continued with her abnormal behaviour. This year She was also to provide a GP report regarding her mental health and her evidence of being bed bound but fai
Sophie - 11-May-18 @ 9:32 PM
AS - Your Question:
Hi,my daughter has a contact agreement to see her son, wed overnight, Thursday after school and Saturday from 12pm overnight until 12pm sunday. This was put in place after father broke previous court order and refused contact for 3months. He does not inform my daughter of medical or education appointments until the last minute. He has stopped the weekly wed overnight to fortnightly. My daughter and her boyfriend had a row and my grandson got upset. We agreed for my grandson not to see the boyfriend for a little while as situation seemed stressful. However the father has put a full ban now which prevents my grandson staying overnight at all. He has also refused the wed after school and has dropped to just thursday after school for 3 hours. He is now not dropping my grandson off until after 1pm.He has said that this will continue until he decides which is never. What can we do?

Our Response:
If your daughter and her son have a court order in place, then her ex is in breach of the order. Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. Before your daughter applies to court, a solicitor's letter reminding her ex of the terms of the order may help.
CourtroomAdvice - 23-Apr-18 @ 2:36 PM
Hi, my daughter has a contact agreement to see her son, wed overnight, Thursday after school and Saturday from 12pm overnight until 12pm sunday. This was put in place after father broke previous court order and refused contact for 3months. He does not inform my daughter of medical or education appointments until the last minute. He has stopped the weekly wed overnight to fortnightly. My daughter and her boyfriend had a row and my grandson got upset. We agreed for my grandson not to see the boyfriend for a little while as situation seemed stressful. However the father has put a full ban now which prevents my grandson staying overnight at all. He has also refused the wed after school and has dropped to just thursday after school for 3 hours. He is now not dropping my grandson off until after 1pm . He has said that this will continue until he decides which is never. What can we do?
AS - 21-Apr-18 @ 5:59 PM
jw - Your Question:
HiI have a Child arrangement and Prohibited steps order Section 8 Children Act 1989in place.The Child arrangement order which was agreed by both myself and my boys mother in august 2017 states,Recital2 days Father1 day Mother2 days Father3 days Mother on a continually rolling pattern.The prohibited steps order states, The Father (myself) is forbidden to remove the children from the care of the applicant mother or the children's school / or any third party to whom their care has been entrusted by the applicant mother save for the purposes of spending times agreed in the recital to this order and additional periods agreed between the parties.The boys mother has now stopped me seeing my boys and has withdrawn her agreement to the Child arrangement order agreed in August 2017. She has withdrawn her agreement to this order through a letter from her solicitor which I have received. I have applied for a C79 enforcement order to be put in place as this isn't the first time she has stopped me seeing my children.Ultimately my question is this,Can my ex stop me seeing my children by withdrawing from the agreement through her solicitor, or does she need to take her argument back to court to get the Child arrangement order changed/amended before she can stop me seeing them and picking them up from school?She is saying by withdrawing her consent from the Child arrangement order agreement, the prohibited steps order now comes into place full time preventing me having the boys on the prearranged days set out from August 2017 or removing the children from the care of the applicant mother or the children's school / or any third party to whom their care has been entrusted by the applicant mother.Any help and advice on this would be greatly appreciated.Thanks in advanceJ

Our Response:
Theoretically, any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. However, your ex can withdraw from the child arrangement order if she thinks it is in the best interests of your children and of course, much depends upon the reasons why access has been withdrawn. Your ex will have to face the court when you apply for a child enforcement order and attempt to justify her reasons for breaching the order. Contact orders made after 8th December 2008 automatically include a warning notice. The warning notice sets out clearly the potential penalties and enforcement measures that are available to the court if the contact order is broken. A solicitor's letter (reminding your ex of the terms of the order and the reprecussions of not keeping to it) may work before you apply to court. If it doesn't work to get access back on track, then as in all cases the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order, or an enforcement of an order.
CourtroomAdvice - 19-Apr-18 @ 9:55 AM
Hi I have a Child arrangement and Prohibited steps order Section 8 Children Act 1989 in place. The Child arrangement order which was agreed by both myself and my boys mother in august 2017 states, Recital 2 days Father 1 day Mother 2 days Father 3 days Mother on a continually rolling pattern. The prohibited steps order states, The Father (myself) is forbidden to remove the children from the care of the applicant mother or the children's school / or any third party to whom their care has been entrusted by the applicant mother save for the purposes of spending times agreed in the recital to this order and additional periods agreed between the parties. The boys mother has now stopped me seeing my boys and has withdrawn her agreement to the Child arrangement order agreed in August 2017. She has withdrawn her agreement to this order through a letter from her solicitor which i have received. I have applied for a C79 enforcement order to be put in place as this isn't the first time she has stopped me seeing my children. Ultimately my question is this, Can my ex stop me seeing my children by withdrawing from the agreement through her solicitor, or does she need to take her argument back to court to get the Child arrangement order changed/amended before she can stop me seeing them and picking them up from school? She is saying by withdrawing her consent from the Child arrangement order agreement,the prohibited steps order now comes into place full time preventing me having the boys on the prearranged days set out from August 2017 or removing the children from the care of the applicant mother or the children's school / or any third party to whom their care has been entrusted by the applicant mother. Any help and advice on this would be greatly appreciated. Thanks in advance J
jw - 18-Apr-18 @ 1:45 PM
hitting a wall - Your Question:
My Ex applied for contact of our daughter he had been inconsistent with contact since leaving. He had a period of one year without contact of our daughter. She said she didn't want contact with her dad and a court made a court order saying she had to spend time with her dad and this has been happening. he is pushing for things all the time. Our daughter has suffered night terrors, mood swings and attachment issues. All these where brought up in court and dismissed saying she is only 8yrs old and has no views. He has broken the order on several occasions. It is causing lots of stress to my daughter. What are my options?? I don't know what to do my daughter is looking at me sorting things and I need help.

Our Response:
If there is a court order in place, then you are obliged by law to keep to it. Any changes to the court order need to be authorised by the courts. Therefore, you would have to refer it back to court for consideration.
CourtroomAdvice - 9-Apr-18 @ 2:24 PM
My Ex applied for contact of our daughter he had been inconsistent with contact since leaving. He had a period of one year without contact of our daughter. She said she didn't want contact with her dad and a court made a court order saying she had to spend time with her dad and this has been happening. he is pushing for things all the time. Our daughter has suffered night terrors, mood swings and attachment issues. All these where brought up in court and dismissed saying she is only 8yrs old and has no views. He has broken the order on several occasions. It is causing lots of stress to my daughter. What are my options?? I don't know what to do my daughter is looking at me sorting things and I need help.
hitting a wall - 7-Apr-18 @ 10:52 PM
Jessica - Your Question:
There is currently a court order in place for my son and his dad for contact but my son lives with me as court orders. But on 4 occasions my ex and his mother have refused to hand him over which results in my child been kept under his will I’ve phoned the police and they were no help what are my nexts steps as I can’t put myself or my son through this anymore

Our Response:
In the first instance, a solicitor's letter outlining the terms of the order may help. However, as a rule if the court has awarded you residence, then the police should be able to intervene to return your child to you. If your ex continues to ignore the order, then as outlined in the article you would have to refer the matter back to court, you can see more via the link here.
CourtroomAdvice - 12-Mar-18 @ 9:39 AM
There is currently a court order in place for my son and his dad for contact but my son lives with me as court orders. But on 4 occasions my ex and his mother have refused to hand him over which results in my child been kept under his will I’ve phoned the police and they were no help what are my nexts steps as I can’t put myself or my son through this anymore
Jessica - 11-Mar-18 @ 11:52 AM
Worried - Your Question:
Hi My partner has had a court contact order for over 9 years on his 13yo daughter. This has never been kept to and recently there was an incident where the mother was not capable to look after the children and they were placed in foster care. I have had to do a lot of calling and found out that the child is back with the mother and this court order is still being broken. They have seemed to convinced the child to be “scared” of her father and that was her reason for not keeping to it (this was not the case when she came over to see us though) the mother has issues and is now being monitored to look after the children. How to we go about reporting her breaking this court order and seeing the child. It’s breaking our hearts not having her in our lives

Our Response:
As outlined in the article, your partner would have to refer the matter to court, if he cannot resolve it with his ex. Firstly, a solicitor's letter outlining the terms of the court order and the repercussions if his ex doesn't stick to it, might be an option. Secondly, suggesting mediation in order to resolve any issues, may also be something to consider. However, if your partner's ex refuses to discuss the matter, then referring the matter back to court for an enforcement is the only option.
CourtroomAdvice - 8-Mar-18 @ 10:45 AM
Hi My partner has had a court contact order for over 9 years on his 13yo daughter. This has never been kept to and recently there was an incident where the mother was not capable to look after the children and they were placed in foster care. I have had to do a lot of calling and found out that the child is back with the mother and this court order is still being broken. They have seemed to convinced the child to be “scared” of her father and that was her reason for not keeping to it (this was not the case when she came over to see us though) the mother has issues and is now being monitored to look after the children. How to we go about reporting her breaking this court order and seeing the child. It’s breaking our hearts not having her in our lives
Worried - 7-Mar-18 @ 2:15 PM
Carradiniho- Your Question:
I gained a court order outlining access to my daughter and it was set that I would have her for a minimum of two nights consecutively to run along side my shift pattern where I was not in work or on call. As soon as we left court I was informed by me ex that she would not be sticking to the court order and if I wanted to see my daughter it would be on her terms.(one night in the week and alternate weekends). This I could not do due to my shift pattern and now my access to my daughter has dropped dramatically. I do not know what to do for the best, I have emailed the court for some advice but have had nothing back. Any suggestions??

Our Response:
You may wish to ask a solicitor to send a letter to your ex, warning her about the repercussions of not sticking to the terms of the court order and specifying that by doing so she is in contempt of court. This may help to get access back on track. If not referring the matter back to court to have the order enforced is your only option. Deliberately not sticking to a court order is punishable by the courts. One parent cannot unilaterally change the terms of an order set by the courts.
CourtroomAdvice - 13-Feb-18 @ 12:43 PM
I gained a court order outlining access to my daughter and it was set that I would have her for a minimum of two nights consecutively to run along side my shift pattern where I was not in work or on call. As soon as we left court I was informed by me ex that she would not be sticking to the court order and if I wanted to see my daughter it would be on her terms.(one night in the week and alternate weekends). This I could not do due to my shift pattern and now my access to my daughter has dropped dramatically. I do not know what to do for the best, I have emailed the court for some advice but have had nothing back. Any suggestions??
Carradiniho - 13-Feb-18 @ 4:22 AM
vraja - Your Question:
Hi ,please assist.I was in marriage for 15 years,we got one child he is 6 now.In 2016 he started to smoke marijuana and physically abuse and verbally me and our son.I called victim support as I was so frustrated and didnt know what to do.The police turned up and social services after my call to victim support.My husband pleaded with me to divorce in positive matter and moved out of house.I felt sorry for him and let it go thinking as long as he cannot harm us I dont need to get him into further trouble.So we went to mediation where he had kid on occasions but then I noticed child behaviour changing in nasty way ,stop eating (always eaten well) sleeping and crying as scared in nightmares( never had nightmares before that).I spoken to father that please see what can be so disturbing ,he told me they went to films in cinema.I watched films myself after he told me what kinds.They was violent for this particular child and I asked him to moderate.I been told it is my child I ll do what I want.I waited next time then I seen it happening every time I stopped his goings to his dad.Father applied to court in the end last month we got order he can have him 2 days on tueday and friday from 9-7 pm. Father came on monday child refuzed to go with him and made video that he absolutely dont want to go and I was supporting him going to his dad.Than friday he supposed to come early as child is homeschooled and going to special groups and it takes time to get there on bus.I had to take my child and father just called me telling me that he come monday. On monday he came back and child again told him he do not want to go with him ,video is there.Now father of the child applying for reinforcement of the order. I done nothing wrong ,child doeznt want to go I will not force him out !!!!!!!!!Please assist what is awaits me in my case.Thanks

Our Response:
Unfortunately, we cannot advise here as you are in breach of the court order and therefore your ex can take the matter back to court to have the order enforced. Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they face being taken back to court. Your only recourse is to keep the evidence that your child does not wish to go and present this to the courts. Alternatively, you may wish to suggest mediation to your ex in order to try to resolve these issues between you and get visitation back on track.
CourtroomAdvice - 8-Feb-18 @ 11:40 AM
Hi ,please assist.I was in marriage for 15 years,we got one child he is 6 now.In 2016 he started to smoke marijuana and physically abuse and verbally me and our son.I called victim support as i was so frustrated and didnt know what to do .The police turned up and social services after my call to victim support.My husband pleaded with me to divorce in positive matter and moved out of house .I felt sorry for him and let it go thinking as long as he cannot harm us i dont need to get him into further trouble.So we went to mediation where he had kid on occasions but then i noticed child behaviour changing in nasty way ,stop eating (always eaten well) sleeping and crying as scared in nightmares( never had nightmares before that).I spoken to father that please see what can be so disturbing ,he told me they went to films in cinema.I watched films myself after he told me what kinds.They was violent for this particular child and i asked him to moderate.I been told it is my child i ll do what i want .I waited next time then i seen it happening every time i stopped his goings to his dad .Father applied to court in the endlast month we got order he can have him 2 days on tueday and friday from 9-7 pm. Father came on monday child refuzed to go with him and made video that he absolutely dont want to go and i was supporting him going to his dad.Than friday he supposed to come early as child is homeschooled and going to special groups and it takes time to get there on bus.I had to take my child and father just called me telling me that he come monday. On monday he came back and child again told himhe do not want to go with him ,video is there . Now father of the child applying for reinforcement of the order. I done nothing wrong ,child doeznt want to go i will not force him out !!!!!!!!!Please assist what is awaits me in my case.Thanks
vraja - 7-Feb-18 @ 9:14 AM
Hi, I really need some help. My 8 year old is continuously getting into trouble and school. He was suspended on Monday till weds. And has now today been suspended for a further two days for hitting people and fighting. This is his 4th suspension in total. And he has a record of bad behaviour. All of which coinsides with his fortnightly weekend contact with his dad. Which is not till next weekend. But my problem is his dad doesn't care and has in the last few months come to my house drunk and covered in blood and trying to smash my door down on a few occasions. This has all been reprted to police. Anyway his dad promotes violence and bad behaviour. And my son is quite often around drugs and violence when at his dad's. He also comes home and doesn't say anything about what he has done with his dad. None of my other children behave this way. One older one younger. Different dads. But where do I stand on not allowing contact just for next weekend as my son will still be under punishment for being suspended and also because I genuinely believe something is happening at his dad's and I need to safeguard him and I want to seek further advice on how to do this. Im at a loss and just need to know if I will be doing the right or wrong thing by denying one weekend while I work with the school and potentially involve social services to help me.woth his dad's lack of care and inappropriate care. The court order states every other weekend, half of Easter, Xmas And summer. And then any other contact to be agreed between parties. I have parental responsibility. His was removed because of his volatile behaviour in court. Contact was going to be reduced but I wanted it to be fair for my son.
Kay - 2-Feb-18 @ 5:52 PM
My boyfriend has three children from a previous marriage. Before he and I started to date, I understand his arrangements with his ex were fairly ad hoc. But since we have been together he has put in place an official court order, stipulating that he has either a Friday or Saturday with the children, the other night with me. This new agreement has been completely ignored by his ex, who seems to prefer going out all weekend than looking after her children. As the 'outsider' I find this very frustrating. They are lovely kids, but my boyfriend and I never get any quality time together. Apparently if she continues to breach the agreement, she can be fined. Is this the case, and what kind of fee could she incur?
andrea - 27-Jan-18 @ 6:24 PM
I have a contact order in place, where I see my 2 daughters every 2 weeks. One of these is an overnight stay. I speak to them on Skype on specific days. At times he changes the days, and makes silly excuses. I have arrangements in place for birthdays, christmas, new year and school holidays. The court order states that I can have them for any 2 days, including 2 nights during half term. I have already taken time off work, my patients have been rescheduled and have informed their dad of the dates. He has now refused saying on the one day my eldest has a hospital appointment (I told him I can take her and to provide paperwork, which he is not willing to) and then in the next email, proceeded to tell me that he's already booked them for activity camp for those 2 precise days i'd like them for (which will run into my birthday for which I'm meant to have them, which is a treat for the girls and I). He is now accusing me of being controlling and telling me that I'm imposing him. He is being absolutely nasty. The court order also very clearly states that contact with me is to be prioritised over any other leisure activity.
PM - 27-Jan-18 @ 1:55 AM
Star - Your Question:
HiMy boyfriend split with his partner a while ago. They have a son together however she always stops him seeing his son. They went through mediation and got a contact/child arrangement order however the woman stops him seeing his son knots every weekend.When she stops him seeing his son, which is beach of the order, she fails to pick up the phone or provide any valid reason. She tries to slight blackmail my boyfriend by saying if he doesn’t do something he won’t be seeing his son. He is a fantastic did but he has not seen his son in weeks, we want to get the court order enforced but we are finding it hard to find out the next steps of what we should do.He has tried to talk to her but she point blank refuses to let him see his son.Have you got any advice as to the steps he needs to take to get the court order enforced ie how we take this back to court?

Our Response:
If there is a court order in place and your boyfriend's ex is breaching the order, your boyfriend should make a list/keep a diary of every time the order is breached and the reasons given. He should also send a text or email reminding his ex of the terms of the order. If, the breach is continuous or regular, then your boyfriend may wish to ask a solicitor to write a letter to your boyfriend's ex outlining the terms of the order, how many times it has been breached and the repercussions if his ex continues to breach the order. This will show the court, your boyfriend has given his ex chances to rectify any issues. If the breach remains continuous, then your boyfriend should refer the matter back to court for the order to be enforced. Also, prior to this, mediation might be an option for your boyfriend to consider asking his ex to attend.
CourtroomAdvice - 11-Jan-18 @ 11:33 AM
Hi My boyfriend split with his partner a while ago. They have a son together however she always stops him seeing his son. They went through mediation and got a contact/child arrangement order however the woman stops him seeing his son knots every weekend. When she stops him seeing his son, which is beach of the order, she fails to pick up the phone or provide any valid reason. She tries to slight blackmail my boyfriend by saying if he doesn’t do something he won’t be seeing his son. He is a fantastic did but he has not seen his son in weeks, we want to get the court order enforced but we are finding it hard to find out the next steps of what we should do. He has tried to talk to her but she point blank refuses to let him see his son. Have you got any advice as to the steps he needs to take to get the court order enforced ie how we take this back to court?
Star - 10-Jan-18 @ 10:24 AM
Hi could you give me some advice what to do as my ex partner keeps breaking the court order we have, on the order it states hes not to drink while having our son but he constantly does by taking my son to the pub, he also drink drives with him and now has started bringing him home early so he can go to the pub, my ex is an alcoholic and when this was mentioned in court they didnt seem that bothered and just said it would be in the court order he wasnt to drink, im now going to stop my ex from taking my son but worried about the court order.
dawny - 29-Dec-17 @ 1:34 PM
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