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Breach of Court Order: What Steps to Take Next?

By: Louise Smith, barrister - Updated: 4 Oct 2017 | 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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Jessy - Your Question:
Pleeease help. My brother has got a court order with a warning notice for contact with his child at his ex partners grandparents house every Saturday for 2 hours. After 9 weeks (supervised) contact, it extends by half an hour (unsupervised) every 3 weeks. As we are on the 9 week and next week unsupervised contact start, he has received a letter from his ex partners solicitor stating that due to a list of reasons (that are untrue and unproven) that unsupervised contact will not be happening. My brother is not financially able to appoint a solicitor and would prefer to represent himself. Can you please advise us if she can stop unsupervised contact just like that and if so what can we do about it? Thank you.

Our Response:
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. Another option is to ask a solicitor to write a letter to your brother's ex's solicitor stating that his ex is in breach of the court order and therefore in contempt of court. If access is not resumed as per the court order, then he will have no option than to refer the matter back to court. If your brother does this, it shows he has given his ex chance to keep to the order. If he wishes to represent himself, please see the Bar Council link here. If his ex cannot prove any of the accusations, access to the order should be resumed.
CourtroomAdvice - 5-Oct-17 @ 3:02 PM
sarz - Your Question:
My uncle n his wife have a special guardianship order for my son and we share parental responsibility 50% each the court order for acess was 6 months of supervised contact over seen by social services then after the 6 months contact was down to a family arrangement but over seen by my uncle and his wife, after the 6 months of supervised contact my contacts should of increased as long as everything went ok and my son was happy with it which he was we should of been seeing each other more often and not in a contact center and eventually working towards over night stays and eventually coming back to live with me but this didn't happen my uncle decreased our contact time and made us have it at the contact center, I did everything I could do to go along with them even though it killed me and I know they were doing wrong but I hoped things would work themselves out but they never instead it got worse to the point they stopped all contact and they are breaking the court order I've ask social services for help but nobody seems to want to help please does anyone know what steps I can take or where I can turn to for some help I'm desperate I want to see my son it's breaking my heart and I know it's doing the same to my child as we've always been very close our bond is very strong which is one good thing, we've been let down very badly my social services from the beginning and the just closed our case knowing things were bad between us and our family is divide through this but they didn't want to know and still don't so please I'm begging you if anyone can help me I'd be very grateful thank you.

Our Response:
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. Your uncle has breached the order, therefore, in the first place you could ask a solicitor to write a letter reminding your uncle of the terms of the order and that by not keeping to it, he is in contempt of court. If the letter does not work, then you may wish to refer the matter back to the courts. If you cannot afford legal representation you can self-litigate, please see link here. If you are on a low income, then you also may get a reduction in court costs, please see link here.
CourtroomAdvice - 5-Oct-17 @ 2:34 PM
Pleeease help. My brother has got a court order with a warning notice for contact with his child at his ex partners grandparents house every Saturday for 2 hours. After 9 weeks (supervised) contact, it extends by half an hour (unsupervised) every 3 weeks. As we are on the 9 week and next week unsupervised contact start, he has received a letter from his ex partners solicitor stating that due to a list of reasons (that are untrue and unproven) that unsupervised contact will not be happening. My brother is not financially able to appoint a solicitor and would prefer to represent himself. Can you please advise us if she can stop unsupervised contact just like that and if so what can we do about it? Thank you.
Jessy - 4-Oct-17 @ 7:26 PM
My uncle n his wife have a special guardianship order for my son and we share parental responsibility 50% each the court order for acess was 6 months of supervised contact over seen by social services then after the 6 months contact was down to a family arrangement but over seen by my uncle and his wife, after the 6 months of supervised contact my contacts should of increased as long as everything went ok and my son was happy with it which he was we should of been seeing each other more often and not in a contact centerand eventually working towards over night stays and eventually coming back to live with me but this didn't happen my uncle decreased our contact time and made us have it at the contact center, I did everything I could do to go along with them even though it killed me and I know they were doing wrong but I hoped things would work themselves out but they never instead it got worse to the point they stopped all contact and they are breaking the court order I've ask social services for help but nobody seems to want to help please does anyone know what steps I can take or where I can turn to for some help I'm desperate I want to see my son it's breaking my heart and I know it's doing the same to my child as we've always been very close our bond is very strong which is one good thing, we've been let down very badly my social services from the beginning and the just closed our case knowing things were bad between us and our family is divide through this but they didn't want to know and still don't so please I'm begging you if anyone can help me I'd be very grateful thank you.
sarz - 4-Oct-17 @ 4:57 PM
LyJam - Your Question:
My husband has a shared residence order with his ex wife that states they must agree the shared residence plan for the following year by the 30th September in the current year. Despite the fact that my husband always sends his proposals by the very beginning of September each year and asks that the order is complied with by agreement being reached by the 30th, his ex wife never responds in good time so that this can happen. In 2013, she refused to respond to his proposals and when she hadn't done so after he repeatedly requested her to do so by the 31st October that year, he completed a C100/specific issue section 8 order. Once she received a letter to attend court, she reluctantly complied and the hearing was vacated. In 2014, she would not comply with a specific undertaking in the order, and due to changes in the court process, they had to attend mediation, which my husband paid for, and she again reluctantly complied with the order. Last year, she did not respond until the middle of December. We feel that the same will happen this year. My husband sent her his proposals a week ago and she has not responded. He has sent her a message to ask her to respond to him. He now feels that this cannot be allowed to happen every year as arranging and paying for mediation does not work long term. It is also stressful and not in the best interest of his children. Is there a way he can apply to the court for assistance without going through costly and time consuming mediation please? When he completed the C100, he had to pay £250, which he would be happy to do again. Many thanks.

Our Response:
Much depends upon whether the arrangements need changing. If they do not, a solicitor's letter stating that due to the fact his ex has not responded (again) he will conclude the arrangement will stand as originally specified as per the court order. It is important your husband logs and keeps a record of how he has kept to the order and how his ex has not (should he need this for evidence in the future). Alternatively, if he needs to change the order, the letter could be worded; as his ex has refused to keep to the order again, he assumes that unless his ex responds he will conclude this new arrangement is considered satisfactory.
CourtroomAdvice - 12-Sep-17 @ 2:38 PM
My husband has a shared residence order with his ex wife that states they must agree the shared residence plan for the following year by the 30th September in the current year.Despite the fact that my husband always sends his proposals by the very beginning of September each year and asks that the order is complied with by agreement being reached by the 30th, his ex wife never responds in good time so that this can happen.In 2013, she refused to respond to his proposals and when she hadn't done so after he repeatedly requested her to do so by the 31st October that year, he completed a C100/specific issue section 8 order.Once she received a letter to attend court, she reluctantly complied and the hearing was vacated.In 2014, she would not comply with a specific undertaking in the order, and due to changes in the court process, they had to attend mediation, which my husband paid for, and she again reluctantly complied with the order.Last year, she did not respond until the middle of December.We feel that the same will happen this year.My husband sent her his proposals a week ago and she has not responded.He has sent her a message to ask her to respond to him.He now feels that this cannot be allowed to happen every year as arranging and paying for mediation does not work long term.It is also stressful and not in the best interest of his children.Is there a way he can apply to the court for assistance without going through costly and time consuming mediation please?When he completed the C100, he had to pay £250, which he would be happy to do again. Many thanks.
LyJam - 11-Sep-17 @ 8:27 PM
I have a court arrangement where my children's father has them few hours every other weekend while I work. He has failed to pick them up for nearly 2 months now. What Cani do to get things sorted.
Teddy - 5-Sep-17 @ 12:51 PM
SB - Your Question:
Hi I have a court arrangement with my sons father in place for 3 years now. Which states weekend arrangements for him to be with his dad 3 weekends in a month and pick up and drop off at my home and Christmas etc. School holidays to be divided equally and arranged between us both not reiterating pick up and drop off. His father decided he wanted me to pick my son up from his home in school holidays without any discussion. His father lives one and a half hours train journey away and I don't drive. I still live in the home we shared. In the summer dad didn't bring him home and I was unable to go get him, 2 days later I got help to pick him up to find out he wasn't even with his dad he was with his partner and a 2 1/2 car journey away. His dad again has refused to bring him home yesterday and has stated he will bring him to school tomorrow. What is the correct path to take from here? I really hope you can help.

Our Response:
If your ex has breached the court order if only by default, I advise you request you ex attends mediation. If there is no request in the court order regarding drop-offs and pick-ups, then the matter is left to compromise, as your ex is theoretically not solely responsible for transporting your child on every journey. Your only other option is to refer the matter back to court for the court to decide what it thinks is in the best interests of your child, especially if the logistics are interfering with the court order arrangement. Also, if you suggest mediation the court will see that you have attempted to try to resolve the matter out of court first.
CourtroomAdvice - 5-Sep-17 @ 10:14 AM
I have also suggested mediation a few times over the last year. Which isn't something he woulld like to do as he believes no changes can be made to the arrangement.
SB - 4-Sep-17 @ 6:48 PM
Hi I have a court arrangement with my sons father in place for 3 years now. Which states weekend arrangements for him to be with his dad 3 weekends in a month and pick up and drop off at my home and Christmas etc. School holidays to be divided equally and arranged between us both not reiterating pick up and drop off. His father decided he wanted me to pick my son up from his home in school holidays without any discussion. His father lives one and a half hours train journey away and I don't drive. I still live in the home we shared. In the summer dad didn't bring him home and I was unable to go get him, 2 days later I got help to pick him up to find out he wasn't even with his dad he was with his partner and a 2 1/2 car journey away. His dad again has refused to bring him home yesterday and has stated he will bring him to school tomorrow. What is the correct path to take from here? I really hope you can help.
SB - 4-Sep-17 @ 3:44 PM
Nana - Your Question:
My son was granted a Contact Order with a Warning Notice in 2011. We have had problems over the years gaining access but not wanting to rock the boat we accepted all terms made by my daughter in law. Unfortunately for reasons unknown to us, she has stopped all contact since December 2016. My son has spoken to her on several occasions, but is being increasingly unreasonable (mainly over money). We have threatened her with court but this made no difference. We sent her a copy of the Contact Order with the Warning Notice advising her that she was in breach however this has made no difference. We are not financially able to appoint a solicitor and would prefer to represent ourselves. Can you please advice whether we issued the warning correctly and whether we need to go to court to enforce. Thank you.

Our Response:
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. Therefore, if your son's ex has done this, then your son would need to refer the matter back to court. You have issued the warning correctly. However, there is a large gap between his ex breaching the order and your son deciding to take the matter further, you may have to explain/justify the reasons why. But the order still stands unless a court decides otherwise. Therefore, it is in your son's best interests to take this matter back to court asap. Please also note, if the dispute is over money (i.e child maintenance), then child maintenance payments and child access have no bearing upon each other i.e your son's ex cannot stop access by using the children as a bribe in connection to money. I hope this helps.
CourtroomAdvice - 31-Aug-17 @ 12:03 PM
My son was granted a Contact Order with a Warning Notice in 2011. We have had problems over the years gaining access but not wanting to rock the boat we accepted all terms made by my daughter in law. Unfortunately for reasons unknown to us, she has stopped all contact since December 2016. My son has spoken to her on several occasions, but is being increasingly unreasonable (mainly over money). We have threatened her with court but this made no difference. We sent her a copy of the Contact Order with the Warning Notice advising her that she was in breach however this has made no difference. We are not financially able to appoint a solicitor and would prefer to represent ourselves. Can you please advice whether we issued the warning correctly and whether we need to go to court to enforce. Thank you.
Nana - 29-Aug-17 @ 2:44 PM
Life- Your Question:
Hi there I have a court order a child arrangement put in place I have Beth to court twice over my ex husband trying to get custody of my two children the order was put in place but he is not following it at all he is suppose to ring at 7.30 every eve but doesn't he now sees them alternative Sundays but doesn't pick up on time or drop off on time it's suppose to be 10 till 6.30 he Turns up at 10.30 home between 4.30 5 please can you help what can I do about this ? This is effecting my two children especially my oldest

Our Response:
Arguably anything that does not comply with the order is a breach. For example if the order states that the non-resident parent should have contact every Friday from 5pm and contact is not provided until 5:05pm, this is technically a breach of the order. However it is important to be reasonable; the courts are unlikely to take any action if it considers the breach insignificant. The courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. Further it is important to consider the needs of your child first and so some flexibility may be needed on occasion. However, 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. The first step in the event of a breach of an order should be to try to discuss this with the other party involved. If your ex refuses to listen and continues to breach the order, then if you have a solicitor, you may wish to ask them to write to the other party reminding them of their obligations to the order. Mediation can be used as the next step. Court enforcement should only be used as a final resort.
CourtroomAdvice - 8-Aug-17 @ 10:39 AM
Hi there I have a court order a child arrangement put in place I have Beth to court twice over my ex husband trying to get custody of my two children the order was put in place but he is not following it at all he is suppose to ring at 7.30 every eve but doesn't he now sees them alternative Sundays but doesn't pick up on time or drop off on time it's suppose to be 10 till 6.30 he Turns up at 10.30 home between 4.30 5 please can you help what can I do about this ? This is effecting my two children especially my oldest
Life - 6-Aug-17 @ 6:21 PM
Hi s.S breached the court order which has put my daughter @ risk. They have had 2 do pregnancy test n std tests.my solicitorhas said it will cost me 120 pound 2 c him as I got no income comming in as I'm appealing esa decision 2 kick me of can any give me some advice on my right please
Netty - 20-Jul-17 @ 5:28 PM
Beth - Your Question:
My friends have a court order for the living arrangements of their 6 year old granddaughter. She lives with them but spends one weekend in three with her father. He has just sent them a message to say he is not bringing her back. His reasons are spurious, both court and Social Services are satisfied with her care at home - but what can my friends do in the short term? Taking it back to court is costly and takes a long time.

Our Response:
If a child arrangement order is in place that specifies the child is to live with her grandparents, then the police can return the child to the grandparents on the back of the court order.
CourtroomAdvice - 17-Jul-17 @ 3:30 PM
My friends have a court order for the living arrangements of their 6 year old granddaughter. She lives with them but spends one weekend in three with her father. He has just sent them a message to say he is not bringing her back. His reasons are spurious, both court and Social Services are satisfied with her care at home - but what can my friends do in the short term? Taking it back to court is costly and takes a long time.
Beth - 16-Jul-17 @ 8:37 PM
Angie - Your Question:
Socail worker failed assesments to be done yet her dad who is in jail sighed her over to our foster care we not had visit since she been taken nowember need urgent help

Our Response:
I'm afraid we cannot advise on this - you would have to seek legal guidance.
CourtroomAdvice - 13-Jun-17 @ 9:53 AM
Socail worker failed assesments to be done yet her dad who is in jail sighed her over to our foster care we not had visit since she been taken nowember need urgent help
Angie - 12-Jun-17 @ 2:27 AM
Social worker failed to carry out assesments on juge order social worker refuse to speak anyone faliy i not seen my granchild since she was placed. In foster care i need urgent help
Angie - 12-Jun-17 @ 2:24 AM
Social services failed to do assments for foster care of my granchild on judges order my grandaughter is with strangers problems with same social worker previously and should not be involved in this due to previosly haveing conflict with family
Angie - 5-Jun-17 @ 11:12 AM
I recently went to court with my ex to teach a court order with the kids, ever since that he has breached times, stopped contact with me from my eldest son as to which he snatched the phone from him half way thorough a conversation and put it in the bin leaving him distressed and in tears Late drop offs ignoreig contact early pick ups and no communication when daughter has chicken pox, the most recent is when he left our one year old daughter alone with his girlfriend which in he pre conditions was stated will not happen but presumed it was agreed so never brought it up in the court order previously so this week I stated that unless he can agree it Doesn't happen again until I feel my daughter is old enough and the trust is built then this weekends contAct will be restricted. I have now received notification he is going for an enforcement order after this weekend. Is there any advice on what to do as all I've asked is for my baby not to be left alone with a young girl whom I don't trust and who has no legal responsibility over my daughter .... he's dating there's punishments but I've tried to rectify and propose the conditional proposal as stated in formal statement for court
Nat - 5-Jun-17 @ 10:49 AM
I recently went to court with my ex to teach a court order with the kids, ever since that he has breached times, stopped contact with me from my eldest son as to which he snatched the phone from him half way thorough a conversation and put it in the bin leaving him distressed and in tears Late drop offs ignoreig contact early pick ups and no communication when daughter has chicken pox, the most recent is when he left our one year old daughter alone with his girlfriend which in he pre conditions was stated will not happen but presumed it was agreed so never brought it up in the court order previously so this week I stated that unless he can agree it Doesn't happen again until I feel my daughter is old enough and the trust is built then this weekends contAct will be restricted. I have now received notification he is going for an enforcement order after this weekend. Is there any advice on what to do as all I've asked is for my baby not to be left alone with a young girl whom I don't trust and who has no legal responsibility over my daughter .... he's dating there's punishments but I've tried to rectify and propose the conditional proposal as stated in formal statement for court
Nat - 5-Jun-17 @ 10:45 AM
I have just recently found out that I could try to get my son back if the sgo is breachedwhen I went to court over my son in 2012 my sons auntie got granted an sgo but she's not allowed to refuse me contact what ever I ask for contact and she's not allowed to be called mum and she is doing both would I be able to get legal aid if I took this back to court as I have spoken to her on numerous of times that she is breaching the sgo and all she has said is so what please could I have some advice on trying to get legal mad to take it back to court
Jamie94 - 9-May-17 @ 12:33 AM
POPPLEPIPPLE - Your Question:
My 8 year old daughters father and I were in Court Feb 2015 as I am anti vaccinations and he is pro. The Court advised that they would not agree at the time whether or not she should be vaccinated unless we both returned to Court with a valid argument.My ex at the time decided that this would take up too much of his time so he didn't pursue it.The second issue I raised at the Court was the fact that he was leaving our then 6 year old unsupervised at his home [albeit for only 15 mins at a time but as she has learning disabilities she was less aware of danger than most her age]. The Court ruled at the time that she shouldn't be left alone at any time unless he and I both agreed that she was old enough. Within a few months my daughter was telling me that he was still leaving her alone whilst he went to collect the 'takeaway'. I'd lost the will to fight him anymore by this timeHowever 2 days ago my daughter told me that she'd had all her injections when she was with her dad just before Easter. I messaged him straight away to ask for clarification and his response was 'she's dreaming'. I then emailed him saying that we should meet together with our daughter to explain the problem to her re 'making up stories' [even though I strongly suspect he took her to a private clinic and had them done without my or the Courts consent]. He hasn't replied -and I suspect he wont either. Please advise. If he has done this I will have no option bit to take him back to Court?

Our Response:
I'm afraid there is little I can do to advise here as it is one parent asserting his parental responsibility rights. Plus, (if I have read your comment correctly) the court has not issued an order to rule against him taking her to have her injections. Therefore, your only recourse would be to seek legal advice to see 'if' you have a case to answer, based upon you reasons.
CourtroomAdvice - 4-May-17 @ 11:30 AM
My 8 year old daughters father and I were in Court Feb 2015 as I am anti vaccinations and he is pro. The Court advised that they would not agree at the time whether or not she should be vaccinated unless we both returned to Court with a valid argument. My ex at the time decided that this would take up too much of his time so he didn't pursue it. The second issue I raised at the Court was the fact that he was leaving our then 6 year old unsupervised at his home [albeit for only 15 mins at a time but as she has learning disabilities she was less aware of danger than most her age]. The Court ruled at the time that she shouldn't be left alone at any time unless he and I both agreed that she was old enough. Within a few months my daughter was telling me that he was still leaving her alone whilst he went to collect the 'takeaway'. I'd lost the will to fight him anymore by this time However 2 days ago my daughter told me that she'd had all her injections when she was with her dad just before Easter. I messaged him straight away to ask for clarification and his response was 'she's dreaming'. I then emailed him saying that we should meet together with our daughter to explain the problem to her re 'making up stories' [even though I strongly suspect he took her to a private clinic and had them done without my or the Courts consent]. He hasn't replied -and I suspect he wont either. Please advise. If he has done this I will have no option bit to take him back to Court?
POPPLEPIPPLE - 3-May-17 @ 1:08 PM
Bella99555 - Your Question:
Hi I would just like to ask a few questions. I went to court back in /2013/2014 for care proceedings etc what lead to my ex partner having a residence order and myself contact order supervised at my mums house. I don't have the order as I was never senT one but have all the court bits in a big file. The s services wrote out a list of dates for contact following on from end of 2014/2015. I was stopped contact from my son in march 2015 for no reasonable explanation as to why I was not allowed to see him no more, it was excuses and lies. I have applied back to the court as he has br ached the order by deliberately not allowing me contact. My mum text many times To try and arrange contact and all the reply was once was if you want to see the child go to a contact Centre or our house what is not a suitable option as he can't even speak to me without be civilized. So I have made a application and is set for April 2017. I just don't no what to expect and the court process. I am having To represent my self and I am very scared as I don't know what to say or how it all happens as was different when I was in court beroRe. I just don't want to come out of there not knowing when or if I will see my child again. I would like to have him living again with me when we have rebuilt our relationship end things are going well as I feel when I go back to court he will just stop it again. It is heartbreaking.

Our Response:
There is advice you can get. Some McKenzie Friends will give free advice and can help you in court, please see link here for more information. The fact is that litigants in person often feel overwhelmed by the court process especially where the other party has legal representation. To reassure you, litigants in person MUST be treated equally before the law and have equal access to justice. Judges have a duty to ensure a fair trial by giving them due assistance to achieve this. But that duty does not extend to giving legal advice. Nor can a judge be seen to favour one party over another, even if that party is a litigant in person. Litigants in person should bear in mind that a judge's role is to determine both the facts of the case and the law applicable to those facts and presenting a case involving difficult points of law is no easy task for lawyers with many years experience, let alone a litigant in person. Which is why it is expected that with the increasing numbers of litigants in person, judges will need to be exceptionally proactive in managing cases where litigants in person are involved, particularly where the other party has legal representation, to ensure that the litigant in person is not disadvantaged in the proceedings. However, some people prefer to represent themselves as they can give their own points of view in their own words. What you must always keep in mind is that the court is solely interested in what it thinks is in the best interests of your child. Mud-slinging and name-calling towards your ex will not be tolerated, but an objective, rational and considered view on why you think it is in the best interests of your child to spend time with you and continue to have a quality relationship with you, will be. In addition, remember it is your ex who is in breach of the court order, so it will be him who has answer to the judge about why he is in contempt of court (which is seen as a serious default). I hope this helps.
CourtroomAdvice - 23-Mar-17 @ 11:43 AM
Hi I would just like to ask a few questions. I went to court back in /2013/2014 for care proceedings etc what lead to my ex partner having a residence order and myself contact order supervised at my mums house. I don't have the order as I was never senT one but have all the court bits in a big file. The s services wrote out a list of dates for contact following on from end of 2014/2015 . I was stopped contact from my son in march 2015 for no reasonable explanation as to why I was not allowed to see him no more, it was excuses and lies. I have applied back to the court as he has br ached the order by deliberately not allowing me contact. My mum text many times To try and arrange contact and all the reply was once was if you want to see the child go to a contact Centre or our house what is not a suitable option as he can't even speak to me without be civilized. So I have made a application and is set for April 2017.. I just don't no what to expect and the court process. I am having To represent my self and I am very scared as I don't know what to say or how it all happens as was different when I was in court beroRe. I just don't want to come out of there not knowing when or if I will see my child again. I would like to have him living again with me whenwe have rebuilt our relationship end things are going well as I feelwhen I go back to court he will just stop it again. It is heartbreaking.
Bella99555 - 22-Mar-17 @ 5:53 PM
My daughters abusive and manipulative ex has a court order for visits. He is meant to start having their 3 year old for weekends next month, however I am concerned over a number of issues: the child has said they cannot say what they had for dinner as they have to keep it secret, I am concerned that he is telling the child to keep secrets. the father lives with his new partner and her family whom no one knows, how can we ensure the child is safe? they have 2 Staff dogs, which we do not mind, but are they used to small children? My daughter has always wanted him to spend time with his child but he did not for almost a year. He has never had time alone with the child. Does this sound safe? Any advice would be greatly appreciated as sick with worry Thanks
Spud - 12-Mar-17 @ 9:56 PM
Hi my ex partners father is saying he is going to take me to court for access to my child my ex partner has no relationship with my child or contact and hasnt tried to , if my ex partners dad gets a court order for access for to my child what could i do to prevent him seeing him as my son is affraid of him due to aggressive behaviour and and i feel he is a risk ti my son although prior to this they did have a relationship until he put my son at risk ?
Pattern - 9-Mar-17 @ 9:44 PM
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