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?
What is a contact order?
A contact order is a court order that sets out when and how someone who does not live with a child can spend time with them. These orders can be made for parents, grandparents, siblings, or any other individual with a significant relationship to the child.
The Children and Families Act 2014 consolidated contact orders, residence orders and other related orders into a single child arrangements order. This simplification means one order now specifies both who a child lives with and who they spend time with. Many people still use the term contact order, and older orders made under the previous system remain valid.
Find the right court form for your situation. Family, civil, criminal and tribunal forms.
Try our Court Form Finder free, here on this site →When does a breach occur?
A breach happens when someone fails to follow what the court order says. This might mean refusing to allow contact, consistently arriving late for handovers, or not returning a child at the agreed time.
Minor or occasional deviations do not always amount to a breach. Courts recognise that family life can be unpredictable. A child falling ill, transport problems, or a genuine emergency will usually be treated differently from deliberate obstruction. Work commitments or scheduling conflicts may also be considered reasonable excuses depending on the circumstances.
The difficulty arises when one parent appears to be deliberately preventing contact or repeatedly ignoring the terms of the order. This can be distressing for the parent being denied time with their child and can affect the child's relationship with that parent.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Steps to take before going to court
Before making a formal application, try to resolve matters directly. Speak to the other person if you can. Sometimes misunderstandings or practical problems can be sorted out through conversation.
If direct communication does not work, mediation is the next recommended step. Attending a Mediation Information and Assessment Meeting is mandatory in most cases before the court will accept an enforcement application. Exemptions exist for situations involving domestic abuse, where a non-molestation order is in place, or in cases of genuine emergency. A mediator can help both parties reach an agreement, and this formal step must usually be completed before court proceedings can begin.
A solicitor's letter setting out the terms of the order and the consequences of non-compliance might prompt the other person to reconsider their behaviour, though this approach does not always succeed.
Keep a record of any breaches. Note the date, what was supposed to happen, and what actually occurred. This evidence will be useful if you do need to apply to court.
Applying to court for enforcement
If informal steps fail, you can apply to the court for enforcement. Child arrangements orders made or varied after 8 December 2008 include a warning notice explaining the consequences of failing to comply. This warning notice is required before the court can take enforcement action.
You will need to complete form C79 to enforce a child arrangements order. The relevant forms and guidance are available on GOV.UK.
The court has several options when dealing with a breach:
- Ordering the person in breach to carry out unpaid work
- Awarding compensation for financial losses caused by the breach
- Varying the existing order
- In serious cases, finding the person in contempt of court
The court will consider whether the person had a reasonable excuse for failing to comply. If they did not, and the breach is proved, the court will decide what action to take based on the circumstances.
Where disputes become particularly difficult, Cafcass may become involved to provide independent advice to the court about what is best for the child.
Legal aid may be available for enforcement applications, particularly where there is evidence of domestic abuse. Check your eligibility through GOV.UK or speak to a solicitor.
The court's main concern will always be the welfare of the child. This means looking at factors such as the child's emotional needs, the likely effect of any change in circumstances, and the capability of each parent to meet the child's needs.
I have heard nothing since and i'm not sure who i contact now with regards to getting my court order paid, any advice would be greatly appreciated thanks
My records at Admin Court tampered and Court hearing Deleted as Court Manager and Home Office working together to Forged court order and deport person illegally.
The Court Managers have been fired/replaced but no compensation or contact from the Court to remove false order has been done and it is now nearly 20 years of complaint and appeals
The court rulled i have access to my daughter every 2 weeks. Recently my ex moved to Wales without telling me, and i have only seen my daughter once. I am trying to work out how i contact the court as i feel sge is breaking the court order and making a mockery of the justice system again. Please can someone advise what i should do.
Uniforms were meant to be supplied by him thus was in the order but he ignores it and leaves it to me still. I'm a single parent with no transport it's getting ridiculous and our son is left suffering.
He had a row with his girlfriend and I was told he dragged my child because he was upset. Its not good enough.
Who do you actually tell that he is not complying?
We also have a summer holiday booked which she is refusing to hand over the passports for so we asked for this to be court ordered. They gave her a penal notice to say that if they were not returned to my husband by yesterday she would be heavily fined and/or have a prison sentence. She has not complied so now he needs to go back to court before the holiday which is worrying as it is in 6 weeks time.
She has also been ordered to provide details of her boyfriend which she is refusing as he has been in prison for drugs and running a brothel from his flat. I would say there is more judging by her refusal to hand over his details, and also they need a doctors report about her mental health as she has told the children she floats out of her body and hears voices, which she was on medication for which the children told cafcass about and we didn't even know the half of what has been happening. There seems to have been a lot of mental abuse towards the children which my husband beats himself up over it. The next court date is the 8th October as they could not make safe and final recommendation in May after her refusal to hand over important information. I'm still not convinced that will be the end of it. Will let you all know!
Thank you!
Sad to see lack of justice in this country, teaching future generation in a lawful way to be nasty and careless to do things right. I do know going to court is pointless really... Men's rights seems to be the only thing that accounts here..
We had a fall out at Christmas time regarding access and now she has completely blocked my access remotely, blocking me on all forms of communication, telling me to only devices and saying my child doesn't want to see me.
Surely, our amended agreement in 2020 still stands? If so, what do I do if I go to her door to collect my daughter this weekend and she refuses?
Any help would be great!
arrested once by it and she is in court next year .can the police still use same court order and arrest warrant again. for the same thing.. as see breaches the order and the police dos, not arrest her for it
Had some dispute over money and assets. I agree to tomlin order to sign assets over. But one of my assets was a car abroad. For that i had to get a power of attorney. Which i did and past it onto the claiment. Which then the court case was closed and the claiment had 4 months to sell or sign the car over to him. Now 8 months gone claiment saying they need another power of attorney as the previous one has expired. What i want to know is once thats expired due to the claiment own mistakes. Can i still be dragged to Court or be accountable for this? Thank you
I have spoken to my solicitor who said that I will have to pay to take him back to court for the Judge to hear about the breach of the CO. This is probably the reason he is doing it as he knows that I can't afford to do it (he took me to court originally). Surely this is wrong on every level!
Letting me see my kids I have a court order to see them every fortnight but ex isn't letting me see them what can I do has I need to see my kids he said he don't care what the court says ?? ?? I can't phone my kids he says so what can I do next has I need to see them
Occasional can be regularly occurring so why confuse the issue?
People are here because its a constant thing thats happening and thats why people are here, to know what they need to do, so you should dispense with the other unrelated stuff because you can "Assume" that its happening regularly, therefore this is typical course of action... and state clearly in a list what steps people take.
I got next to FA help from the family court, claiming I need to pay £200 for the existing order and I am like are you for real???
I am a mother who was abused by my ex. Cafcass and the court wouldn't believe me. I was a full time mother who fled due to abuse. My ex breeched judges orders, paper work from my side went missing in the system. It was horrible. I don't think it makes a difference if your a mum or dad, a childs welfare is based solely on what the bully wants. I haven't seen my daughter since the 22nd March.
Dads do not stand a chance against these women who will fight every step of the way and have all the power no matter what the farther does.
I commend the mothers who are the opposite and wish the dads to be involved.
How has it come to this, i really feel for everyone who is a similar situation, and looking at sites like this one you realise just how common it is, and what a mis justice it is
Is there anything I can do about this? Will the police arrest him or fine him as I need a break and I feel like this is unfair on me?
All carry a lot of anguish- empathy to all.
Particularly interesting to me are the ones where mothers are despairing of fathers that are not that interested in kids... mine is quite the opposite!?!..
So my story (much abridged)
Mother of my 4 yr old son with absolutely no reason fights tooth and nail to minimise our shared time..( I am not obliged to give you any more- is the default line)
No qualms about making up the most heinous fiction imaginable to destroy my reputation in attempts to force her will.
social services have fully investigated and concluded all allegations are baseless...
She refuses mediation after 2 sessions as it wasn’t going her way.
There has been zero aggression or abuse in our lives
I have sought nothing more than 50% shared access which seems prettty normal and beneficial to all, especially son.
I have kicked off court proceedings in recent weeks as I panicked with genuine reason that she would use the current circumstances to move away nearer her parents.
Upshot is the existing minimal contact rota has become court stamped but with significant errors her Soliciter made in the draught that reduce our time significantly .. no response when I have highlighted these glaring errors
Having supported her With child care and Maintenence to the tune of £38,000 over 2-3 years I’ve no cash resources for legal support...
Im having a whinge more than anything... so I’m hoping Cafcass meetings go well.. and the Family courts see sense and logic and recognise the value of a father that insists on equal parenting rights ... not fall for crafttines of a mother jealousy of a sons love for his father.
I will let you know how we get on
Ex partner breach the order 9x from November2019-April 2020. I offered mediation but she said she can not afford it. Prior to that she had a barrister at the last hearing and I paid 4 times her mediation cost.
I filled a C79 for the 9 clean breaches With no contact.
I had a telephone conversation the out come from the Judge was no enforcement. Judge reason not to enforce unpaid work and fine would not be reasonable in this current climate. What is the point having a court order by consent when the court won’t enforce it.....I feel completely unfair....there was no mention that she has to comply with the court order.
wanted to stop these stays but has asked his daddy if he would consider stopping them until this sad
covoid situation is over,or come to an agreement where he sees him for shorter times,daddy works in
the retail trade big exposure to the covoid virus so works whilst baby is in his care,also is he allowed
to leave the baby in his parents care whilst he works or goes out they also work one of them in a high
virus risk job.
We really feel that SD would be safer with us, however she has taken the court order to school and the police!
Where do we stand?
Then be told to self isolate. And use that as a tool to keep the other parent away. Theres no justice for fathers. Advice for all parents that relate. Stay strong. Think of your child and always smile be pleasant in front of the child and parent. Keep your head high and learn from these situations and try to enforce other measures in place. Its extremely difficult but giving up can never be an option!!!
I said this was unacceptable and said I could come and pick her up and take her if the mother is at risk and she said no that's not possible and now basically refuses any alternative but not giving me access. It's heartbreaking, I already get the school holidays buggered up because the stupid order says "by agreement" but she never answers emails and then basically refuses and leaves it till the last minute and basically says its these days or you won't see her. She is a manipulative sociopath who is so bitter that I left her because she was gaslighting in the first place.
What is the legal recourse in these times of self-
isolation?
Many thanks
That afternoon Mummy contacted my son to say she had consistently had to force their son to go to the contact centre and also to go with Daddy for his contact session. She now says she will not force him to do anything again, and if the little boy won't go, she will not make him.
The next contact session is Christmas morning (as per the Court Order) followed by the regular 2 hours on Thursday morning, which happens to be Boxing Day.
Mummy has already told my son she can't make their son available for Boxing Day, or the day after (offered by my son as an alternative ).
Christmas Day contact for my son has been an issue with Mummy and her parents throughout, because they do not want the little boy to have any relationship with his Daddy (or extended family ) at all, hence the suggestion that if he shows any sign of not wanting to leave her, she will refuse to carry out what the Court Order says.
We have no time to get help with this (it's almost Christmas now) and I fear that my son's longed for few hours with his little boy on Christmas Day will not happen.
Can Mummy flout the Court Order like this? Can my son take anyone in authority with him, on Christmas morning, to ensure that he gets to see his little boy on this special day?
Incidentally, the little boy is very close to Mummy, but he was not forced into the car for his first unsupported contact with my son. However, Mummy's interpretation of how he behaves will doubtless dictate whether she let's him go to Daddy for a few hours.
Can anybody help us, please?
How does it work when the non resident parent refuses to return the child or picks them up from school on days they are not supposed to?
Police refused to force mother to return the child, 18 months ago she kept the youngest child for a few weeks untill the father got school to call police on his collection day and showed them the residency order.
Mother was banned from applying for residency for two years and now a further five years (untill the youngest is 16)
It transpires that during the beach 18 months ago mother also fraudulently made a claim for child benefit which the father is fighting.
However, in the recitals it states that as the children get older consideration should be given to this contact becoming overnight. The judge’s transcript states “there is no reason why this should be long into the future and the arrangements just need a little time to bed in”.
The arrangements have been in place for 2.5 years and I have suggested moving towards overnight contact on Wednesdays. However their mother refuses.
What can I do? What happens if I keep the boys with me on Wednesdays now and give her notice?
My ex and I recently appeared in family court where I was granted an interim court order to see my child, however I have turned up on the last 4 occasions and she is not handing children over. She then tells a version of events that happened and my version, which differ greatly. What happens and how can it be proven who is telling the truth?
My question is anyway I have a court order that he sees his child twice a week via FaceTime.I don’t want to do this as he is being very abusive to me whilst my daughter is present and calling me infront of her.How can I get it changed without going court ???
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 month ago 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
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?
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
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
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
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.
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.
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?
I ask for time to be made up or atleast a couple of hours instead if he is ill but answer always no.
Surely as parents we are equal and him being ill is not a reason to break it?
I say ill but it’s more like a cold I’d say.
I have a court order but my ex is breaking the order..without any explanation i did contact my solicitor but..nothing
My son has almost 3 years..he told me that for me to change the court order i need to wait 2 years(for share residence order/contact overnigth(i have a strong bond with my son)
I have concerns about my ex (whene comes to my son)
I did report to social services but they are ignoring..
Do i need to take this case to the newspaper and tv..to be heard?
I have moved over to Northern Ireland from England with my Son. His father took me to court to stop us going but was unsuccessful as it was what my Sin wanted too.
There is a court order in place that his Father should visit every 8 months and then I must go to England 8 months from that date. I have been to England but he hasn't come here. The order also states that every other Xmas he is to be with his Dad, I have booked my flights to take him over to England however my son doesn't want to go, he doesn't want to see his Dad. His Dad doesn't really bother with him, doesn't pay towards his upbringing and gives his girlfriends son slot more attention, buys him designer clothes and gifts but nothing for his Son. What will happen if I respect my Son's wishes? Surely it's wrong to force him in to something he doesn't want to do? He's a 13 year old boy. I really don't know what to do. His father is a horrible horrible man.
My ex is a funny one
9 x to family court over contact and still the same the courts family programme dI'd not work
Eg phone call my name on my kids passport taking them out of the country
Cms being criufied in excessive payments
School involvement
Denied contact even with a contact order
Mediation twice refused to attend
My kids ask the mother for increased contact time she refuses
Said in court I don't care if I lose my home my job or contact with our children
And the system is in her favour
The whole system lacks equality dignity
And is abuse
Now under the Cms rules they want 50% off my income on a guesstimated income
The new system is even harder now to attend court to get a resolution
Mediation won't work so theirs money I had to pay then pay again going to court
Then somehow pay 50% child tax as well keep a home and have continual contact with my children
Stress is unreal and no wonder domestic violence is on the increase
Thanks
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
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?
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.
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
thanks
Me and my partner have been split for sometime. We have a court order saying hand overs are meant to take place at a certain spot. Yet she is getting her solicitors to contact me saying we must go through contact centre. It says it must be done at a certain spot and yet they are not listening to the court order or what I'm trying to say
My ex partner has been abusive and agress ive
What do I do
As I do not trust my ex with my child
Back however my mom never let's the contact last enough to get to stages like increased contact or over night contact
My partner took his ex wife to court as she was making it very difficult for him to see their son. There is some distance between them (8 hour car journey) and things were getting impossible. He was awarded once a month contact of a weekend and half of all school holidays. I can't begin to tell you how many times she's cancelled the weekend visits and also holiday visits are constantly messed up. She has now decided to take their son on holiday in the Feb half term despite my partner being awarded half of these holidays? She has told him if he wants him he's to fly to their holiday destination to see him? Also the court order states my partner will collect his son from his home address only. We think she's breaking the court order but what do we do next?
She not aloud any un supervised contact. And I gave the grandparents a chance to do the right thing and put my kids first and keep them safe . They couldn't do this I had stop contact as was affecting the children . I'm made to be the bad guy. Well the mother of children and grandmother turned up outside my daughters on her birthday knowing for well she not aloud to . Told her she having a baby. This has upset my children knowing she didn't even fight for them just replacing them. Apart from changing schools. Does anyone know what I could do or what my rights are .
Thank you
My partner took he's ex to court in November 2016 because she was always making it hard to see he's two daughters. He got every Monday and Tuesday and every other weekends
He's had one full weekend where it was stated he's oldest needs to go to dance every Saturday at 10am and her dance outfit will travel with her.
But on he's first weekend she did not supply the dance outfit and infsct turned up and sat there the whole dance class changing the daughter and making her sit with her and not my partner even though it was he's weekends.
He's next full weekend is this week and she is saying he can't have them on Friday because he didn't bring he's youngest daughter to the dance place (she's 2 and he left her with her nan so she was in the warm as the church is cold and has no toys or entertainment for her) it is no where stated that the youngest has to be at the church just that the other daughter has to be there.
Is that enough to take it back to court/have it enforced?
She also wants the girls to go to a party after the dance class which my partner said only if he can take them which she said no to. So he will only have 3pm Saturday-6.30pm Sunday.
When he meant to have 4pm Friday- 6.30pm Sunday
Not only has she refused supervised contact after the first hearing, she has disputed court orders to read out letters to her daughter as a way of indirect contact for the father.
We are hoping come the next court date, an order will be put In place to reinstate the original day's when my partner had his daughter.
We want to take her on holiday, but worried that even with the court order in place that his ex is still going to be difficult. Bear in mind she's changed her mind twice, at the last minute before, meaning a waste of money on booking the holiday. How could we overcome this obstacle?
Thanks,
R
Do I have to pay the fee £215 to submit c79 application if the original court order is less then 12 months old..
Also the previous contact sieZed early as the ex was saying nasty things about me my new husband and my other 3 children my son then walked out of the contact and came home.
My ex never even called me or the other children to ask if my son got home ok.
Can I take him back to court for this as he has been nasty and breeches the order.
A court order was made in 2000 with a deed attached to it saying if the property was not kept or left in a good state of repair both inside and out then I could return to court to get her to pay any costs I've incurred in getting it in a good state of repair.
I've just had to spend around £20,000 getting the property put right.
I have pictures of how the property was left and given back to me showing it was left in an unhatible state.
What is the process for trying to recover my costs should i write to her first asking for the money or should I return to to court to get the order enforced.
If so what court form do i need to complete and what are the costs involved in this please.
Many thanks
Has my wife breached this order? The currant order is only 13 months old and clearly doesn’t work can we ask for a new order to be made? PLEASE CAN ANYONE HELP? We just can not afford a solicitor.
We have had several potential buyers whose offers were acceptable to me, but not to my ex-wife. As a way of 'sweetening' the deal, I even offered her 100% of the sale proceeds (my primary interest is settling the mortgage and dealing with the secured charges - I am not in it to make money). When an offer was finally accepted in late September/early October (a cash buyer with no mortgage requirement or chain) everything went through smoothly, a SOLD board has appeared outside the house, but my ex-wife refuses to move out, saying she cannot afford private rented accommodation and the local council will not assist because of the equity. I am now in a situation of reduced income due to a change of jobs, so can no longer afford both maintenance and mortgage. I have spoken to two solicitors who recommend enforcing the order for sale by way of the consent order, but I not sure how to go ahead with this - apparently there are several court forms, but I don't know which ones to use.
Basically I am currently in the mists of court proceedings, my ex now gets daughter for 2,2hr sessions a week, contact is out in the community and it was for them to get to know each other (he didn't bother until she turned two). I arrived early today and noticed he had a passenger I handed over my child, as no information was being offered I asked if my daughter was meeting any one? And who the individual was (my ex runs about with unsavoury people, meeting a lot of people online and puts himself in vulnerable situation) I was advised it was a friend and they would were taking his car to be serviced. I thought it unusual as the friend was sitting and still sitting in the passenger seat, my ex went on a bra into soft play and 20mins later the friend still in the passenger seat still hadn't moved. I knew what she was waiting for so took a photograph so I can evidence the situation. I decided to move my vechicle and watch, and the friend then went into soft play I took a second photo of the now empty car. Visit are not meant to have 3rd parties and previously when I have raised my concerns to my barrister the judge then dismisses them i.e. Not feeding her.
I would like to think this would be considered serious breach, has anyone experience in this, at the last court case the judge was looking to move visitation to a more private setting I'm hoping this would be serious enough for the judge to reconsider this. My ex is a compulsive liar, and unfortunately very charismatic so people are easily taken in.
My son's dad has regular visits with our 6 year old child, every other friday he stays over and comes home on the saturday evening - Which I normally stick to unless my son is sick. His dad never brings him back on time and rarely picks him up on time. He doesn't pay any money towards him, he hasn't paid anything since June. On wednesday I text him (which he claimed he didn't get, and text me on a different number on the friday to say he was getting him later) to say that our son has a party on the Saturday that he wants to go to, so he couldn't get him this Friday. I did ask him on the Saturday morning if he wanted to get him on Sunday. Which eventually he did agree to. He picked him up on the Sunday and then text me saying that he has contacted a mediator and solicitor and is taking further action against me adding in the message this child abuse can not continue - I have not harmed my child, he is happy and has a great home environment and routine and is doing very well at school- I think he thinks it is child abuse because I set the visitation arrangements. Surely if he thought I was hurting my baby he would have called the police or social services and not just messaged me!! I am unsure what kind of access he thinks he can get, considering our son stays over every other weekend. He wants to have him every weekend and have him in the holidays. I pay for club and take him on holidays. His dad is very unreliable and cancels or changes the plan on the day. Therefore I have to make sure club is sorted otherwise I can not go to work!! and then who would pay for our son. Is it normally possible for dads to have their kids every weekend, set by the court? My issue is because I work full-time 5 days a week mon-fri I spend my morning giving orders to get us out of the house on time and in the evening when we get home I cook, feed him dinner, bath him and put him to bed at 8pm. this is not quality time, it is just rushed order. I would hate to not be able to take him out every other weekend and do things with him. Surely it unfair for me to work full-time, take care of him everyday and pay for everything and his dad has him every weekend!
After court this social worker was told she was not allowed on the case as I was told by her that she wanted me to be hit by a bus. Also the carers in the unit told me they wanted my child taken of me and never really helped me learn just shouted at me.
I felt like it was more of them against me than it was about my child's best interest. I have tried contacting social workers to be reassessed yet they have been ignoring me.
What would be my next step.
After court this social worker was told she was not allowed on the case as I was told by her that she wanted me to be hit by a bus. Also the carers in the unit told me they wanted my child taken of me and never really helped me learn just shouted at me.
I felt like it was more of them against me than it was about my child's best interest. I have tried contacting social workers to be reassessed yet they have been ignoring all my efforts.
What would be my next step?
Social workers said they wouldn't be happy unless I was hit by a bus. I was never helped when the only issue at the time was condition of my home which was out of my control and friends.
Since then my parents have guardianship and iv moved home and got a new friendship circle however social workers have ignored all my attempts of contact. What would be my next step to getting my child back?
during the handover my daughter is a bit cranky due to early mornings or may be due to negative influence on her by her grandmother. It takes a while for her to come to me or me and my ex has to accompany us to do toy shopping. Now during the handover the grand mother stays at a distance of 3 meters with a mobile recording. At the same time my ex also does the same from her mobile in her pocket or in hand. I approached the solicitors and a warning notice was sent across to her. they still continue to carry on their acts. Recently my ex enrolled our daughter for classes trying to make use of the time my daughter would spend with me. Did not inform me. So now this cuts short of almost 4 hours.
Also I would like to have her every weekends, school holidays and Christmas holidays.
Please advise whats steps can be taken here.
The biological father has never paid maintenance. My husband brings my child up as his own both financially and emotionally. My child wants to change his surname to be the same as us (he has my maiden name) and my husband would like step parent responsibility to give peace of mind that if anything happens to me he has rights. The mutual contact had asked the biological father if he will agree to this and he has flat out refused despite not wanting to have contact or provide financial support.
Is there anything we can do to revoke the contact order, force the step parent responsibility and change my child's name given the circumstances?
solicitors always ask for money and will not tell me what to do.
what form do i need to fill in to bring the mother in front of the court for contempt?
is it an n208?
My question is what do I do if he doesn't send the letters to my daughter every fortnight as stated in the order
Do I just continue to send colourings and short letters from my daughter?
T. I. A
She attended an award assembly at school. Is this a breach of the CAO?
The mother has tried through mediation services to get the original conditions of the order reinstated without success. All communications by the mother with the SG and the SG solicitor are ignored.
The question is, as the conditions on which the order was issued have been ignored, is the SG and their solicitor in breach of the order. As such what steps must the mother take to have the original order adherred to?
Secondly, if they are in breach of the order by virtue of the SG solicitor's advive is the solicitor liable under the law of conspiricy to commit an illegal act?
But the order states he may not take the child to racing week ends. This weekend he was taken racing
and was left in the care of his dads new girlfriend and his gran whilst his dad raced. When she
Pointed out he'd breached the court order he proceeded to explain to her that she can't do a thing to
Stop him. What can she do???? Thank you for your help.
Home , Thursday all was fine and then Saturday he tells me again he isn't bringing them home. I don't want to panic but the children are happy at home and attend school lots of friends . I don't want to return to court but he has his phone off and now isn't speaking with me .
I currently have the property on the market but I am struggling to sell it.
The mortgage is in my ex's sole name, I do have authority as the home has been awarded to me.
Can I rent the property out even though the mortgage isn't in my name. I have tried to get a mortgage but I don't earn enough income
Can my ex stop me from renting the house??
Should i apply to the court for an enforcement order?
I cant wait any longer to see my child as ive not seen my child for over 8 months!
What action does she take, She cannot afford to keep going to court, as he has always ignored numerous previous orders during the divorce without any sanction against him
My ex is now pregnant and has told me that she will not commit to the half way meeting once a month as set out in the court order and that I must travel and pay to stay in Swansea each visit. Is she able to breach the order like this? She insists she will not meet for 18months as she feels sick now and will want to breast feed! Can she use her pregnancy with someone else to affect my contact that was agreed on court?
What can I do to make her go along with the court order as was agreed back
in April?
She won't let me skype her either saying my daughter does not want to.
Just to say what a great site this is. I have had past problems with my ex until I went down the Enforcement Order route. I was recently added to a Facebook group called D.A.D.S. (dads against double standards). Some sad stories. I had a browse on the internet and very quickly came up with your brilliant website. Very easy to read, very easy to understand, very informative. People are benefiting from the link I put to your website. Congratulations for having a good website and thankyou.
Neil Wilson
The previous contact session had been cancelled without my knowledge by her families church who are facilitating contact ( in hindsight not a good idea )
should I now ask the court to make an enforcement order under my existing C79 application to which current order with attached penal notice applies as I have already contacted court for case to be reviewed and await emergency hearing date after this was directed by district judge, would they also deal with my request ' without notice '
Regards Simon Pearson
I dont have a contact order and 6 years ago we mutually agreed i would have my children sat / sun night every two weeks. This has been going fine for 6 years. A recent 'spat' as meant that she is now refusing me my children overnight and i have also had to cancel a holiday abroad which as originally agreed. I have had to pay fees as a result - can I claim this back through the court?
Thanks in advance.
James
My ex is continually breaking a court order and no one seems to want to help me.
He has poisoned my children against me, he is supposed to send me fortnightly updates on my children which stopped in April and now i have found out that he is taking them to Turkey without my consent.
Social service shut the case due to heavy workloads.
I am going out of my mind.
Every other wkd half holidays
On the 28/2/16 you X stop me contacting my children stopped attending drope off points I've got a lot issues in the matter on going since 2011 plz help what can I do
Im just wondering where I stand with regards to my 14 yr old boy. We currently have a care order in place whereby my ex husband has 4 days custody and I have 3. It has been in place for 4 years and it has never been breached. Of late my ex has been rather harsh and strict with my son for stupid things and its gotten to the point to were he doesnt want to go back to his dads but his dad is a police officer so he thinks he is going to make him return eith him. What can I do and where do I stand in all of this? I dont want to see my boy upset but dont want to breach the order neither. Im at a loss as what to do. Can anyone enligten me?
He has currently not supplied dates regarding May16….should he breach the order a second time, where do matters stand?
I am cannot afford a solicitor, and cannot get legal aid, my sons father is fully represented.
My sons father has been coaching and emotionally blackmailing him.
I have received various threats since my son returned, that intimate that my son may again not be returned.
It is my sons weekend to see his father this weekend, however, the fathers solicitor asked that I swap a weekend as his father wishes him to attend a friends wedding, and I have asked that it be this weekend to allow my son to prepare for starting his new school on Monday, and in view of the emotional pressure his father put on him, I want him to be in a settled and happy state of mind.
They have said this is not acceptable, and want me to confirm that my son will be dropped off at the meeting point tonight.
I know if I do this on of two things will happen.
Either my son will return to me so traumatised by the things that have been said to him he will be in totally the wrong place to start a new school in a new area or he will not be returned at all.
Can I insist that the swap go ahead, and keep him here this weekend
Any advice gratefully received
Thank you
I'm looking for some advice.
My ex and father of my children has for the second time since he took me to court for contact, given me less than 24 hours notice about the fact that he is now not able to hold up his end of what I thought was a legally binding agreement.
I can give more context if you need it but what I want to know is what are the consequences of him repeatedly breaching the order? Where do I start?
Thanks in advance.
restraining order without reasonable excuse. What will be taken into consideration when reviewing the breach will be whether it was an isolated breach, whether it was planned or unpre-meditated; and any consequences of the breach, including psychiatric injury or distress to the child protected by the order. It will also consider whether any substantive offence was
involved as a result of the breach. We cannot predict what a court may decide, your solicitor will be able to advise further.
Me and my brother were on a restraining order not to see our One year old Niece temporary.
But we saw the baby while visiting our mom in her home.
The baby's mom had a private invastgater who saw us with the baby, then they report this to the court.
Naw what happens to us?
Is that Violation?
Haw we can defend our self?
I have a court order in place and my daughter lives with me and the mother is supposed to have a contact 6 times a year which is once in every two months.
The mother is not paying any child maintenance and she also missed a contact in April and she said that she doesn't want to do anything with my daughter. She asked me not to contact her. I spoke to the social services about it just before the April contact and I also show them texts she sent me. Social services called her but her phone is switched off and we don't know where she lives so they asked me not to take my daughter to the contact.
The court order also say that the Mum has to go with me to the Portuguese consulate to register her and to apply for her first passport which she refused since July 2015. As both parents has to be present to register their child in Portuguese consulate.
I need help what to do next as mum whereabouts is not known and she doesn't want to have contact and she doesn't want to play any role in her child's life.
Can I take her out of her life for good?
I need help what to do next. Can
Thanks.
My 1 year old daughters father and I meet with in a public place (supervised contact, court order) for 4 hours a week.
Since our last court hearing he has turned spiteful and constantly bullying me through messages. We both agreed that we needed to go back to a contact centre instead of meeting in a public place.
He then changed his mind demanding that I show with my daughter or I will be breaching my order and he will take action!!!
I said I do not feel comfortable taking my daughter to the contact, I feel extremely nervous and anxious, and therefore my mother would take him instead. He refused this and kept demanding I be there! I didn't go and I repeatedly told him I wouldn't be going and that I felt uneasy!
What will happen now, I'm so scared!!
My solicitor is not contactable for a week due to holiday :(
A contact order was made in court following my children's biological father applying for contact after simply disappearing for years.
Since this order was made, he's disappeared again! We were only 'allowed' by him to contact him via email, we have been emailing every month for over a year, and then recently sent a letter recorded delivery to the last known address for him - we no response to any.
The children saw him on a few occasions prior to him walking out on them again and have been hurt by him abandoning, as they perceive it, them again.
My concern is we still have this order overhanging us, where he could demand contact as stipulated, and I'm incredibly worried about the affect it would have on the children.
What can I do?
My friend was convicted of assault after her beat the mother of his child. He was given a court order that said he could not talk to her nor go on her road where she lives.
Since the court order was put in place she has willingly texted him often just trying to make conversation and yes he has replied.
Recently he and the mother had an agreement written down and signed by the both of them setting out the terms of how he will see his daughter.
The terms included that he should return his daughter to her home address. He agreed to the terms of the contract and has taken her home on a few occasions.
The has been reported to the police.
Will he be found to have breached the court order and if so how lenient will the court be? What punishments can be imposed?
Thank you
That's not right or fair . Can he do this over something as simple as this.
My ex is now refused contact on several occasions
She is now pregnant and on benefits if this was to go to court with an enforcement order will the court enforce fairly i.e unpaid work etc. as she is pregnant
My ex has also stated she won't be attending to this new court date, so if she does not come what will happen? So hard trying to find information out!
I have been told I now can't get legal aid to return back to court. Help!!
I am not one to make trouble for no reason and have let alone of things go but I am getting to the stage were enough is enough. I have everything documented, dates, times and what happened together with police log numbers.
Spoken to my solicitor to be advised that it's not worth taking it back to court.
Anyone been or are currently in this situation who have any advice would be great.
The court order I have is worded so police can not take action(civil offence not criminal offence) , can we get the wording changed or somehow have it enforced via the courts due to repeated breaches.(these have all been logged with social services.)
My ex wife informed me she is moving 250 miles away and has issued me with a new address and new school for our 10 year old daughter, with imidiate affect , no privious discussions,
It will be impossible to stick to the contact arrangements , what can I do to turn this situation around ?
Need help and advice, dont know what to do. Its hard for me to trust him and if i ask he saying that girls not telling True.
In caffcass report kids report that he was sleeping and no food at home, The same story again.
What what Child what is not his, if i need to gave him Access. Please can someone explain me everything
Thanks D
Following this my ex-wife took me court in 2014 to change the children's surname to her maiden name. The court rejected her application and instead put an order in place to ensure only the children's legal name is used. I sent a copy of the court order to my children's current school as my son's next school as he was about to change to make sure everyone knew about the court's instructions.
I have now found out that the school has simply ignored the court order, and is using my ex-wife's maiden name for my son.
The head teacher was fully aware of both the dispute with my ex-wife over the name, and the court order before my son joined her school (my older daughter was already at the school), but has ignored both my wishes and the subsequent court order.
Clearly, my son will now have been known by his mother's maiden name for some time, and due to parental alienation most likely would prefer to be use her name, and with the school enabling this against the court's instructions, I wonder whether I should just give up as the law or if there is any action I can take directly against the school.
My gut instinct tells me that they have "gotten away with it" and it is now not in my son's interests to change my his name back to his legal name as per the court order, but I just can't believe that a head teacher can so flagrantly ignore a court order concerning a child at her school without any legal implications.
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. Perhaps, you should keep a log of each time she flouts the order. At the point where you feel she has overstepped the mark and is being deliberately unreasonable, as suggested in the article, you could send her a solicitor's letter stating that if it happens again or continues then you will take it back to court to attempt to have the order enforced. This could also re-iterate the court order to communicate by email and not text. Sometimes, the legal letter alone may do the trick and stop her from breaching the order. I hope this helps.
Prior to the Order, he was seeing our daughter when he could (be bothered). I had never stopped him. He then proceeded with a Court Order which gave him the same amount of time he was having anyway.
I represented myself at the review 6 months later, where we agreed to one overnight stay once a month.
In 2 years, out of 33 nights in total (including rearranged dates made by him), my daughter has visited 10 times. Since October 2014, she has visited twice.
He obviously has total disregard for the Order (again, which he applied for), yet I kept to it (making sure our daughter was available and meeting at a specific time/place).
Where would we stand with this Order now, as it's completely ignored by him?
I went through the stress and financial difficulty with this, for him to just not bother with it. Our daughter (8 years old) shows no interest, as she barely sees him or hears from him.
Should the Court Order just be disregarded by both of us?
I've no intention of taking him to Court about it, however I would like my husband (who has brought our daughter up with me since she was one) to have some type of legal responsibility for her, but we're not sure what the best option would be?
I'm in need of advice due to my ex partner consistently breaking the order that was made in February 2014, my ex partner moved to Torquay from Sheffield when my son was 6 months old without telling me where she was going, she refused to have my name on the birth certificate which naturally led to me having no right to know of her whereabouts, after a long drawn out time in court travelling to Torquay for court and being brutalised by cafcass making all sorts of accusations about me i was granted supervised visits at Torquay family contact centre for 2 hours every fortnight where i travelled the distance there and back in one day, even at this stage my ex partner broke the order 3 times, unable to return to court straight away due to financial costs i have had to put up with this, following this my court order was not made out correctly and after challenging it from the start i found out in June this year that the department forgot to turn the page over to carry on writing it out, incompetent i know!! My ex partner used this to her advantage and has at times blackmailed me stating if i didn't agree too 4 hours only she would call the police now i have parental responsibility, my son who is nearly 4 has been made to become a very confused little boy as my ex partner would tell him to call me by my first name and not dad and does not promote it, naturally he now does call me daddy as i have done everything possible to build our bond. Now the order has been amended there is clear instructions what is to follow which i have upheld and had overnight stays, Now he is ready to start coming to my home in Sheffield and his mother is still refusing despite the courts telling her what's happening she still states she says where he goes, i am scheduled to go down and collect him Wednesday but she says she will not come with him, what action do i take to ensure she turns up? baring in mind this would make it around the 6th or 7th time she has broke it.
We agreed that we would share the 2 children see them every other weekend with her doing it once a month and me doing once a month.
She then had boyfriend that said he did not want her to drive down anymore so i had to take her to court to get a enforcement order to make her do it,hence the £20,000 with court costs,solicitors and staying up in Norwich.
She has since been sharing the driving between Epsom and Norwich again for the past 3 years but has again decided not to do it.
I do not want to go down the solicitors route again to enforce the court order due to the expense again.
Can i just contact the court and let them enforce it.
Thanks
Steve
Since the court proceedings have begun he has not turned up for contact as arranged in a contact centre twice now and on one occasion where he did turn up, he walked out after ten minutes because he started to get aggressive with me even though I hadnt said a word to him and I told the staff who he was also seen by. Other than that he has also had to have deadlines for things the court have asked for off of him, to be extended including a meeting with a cafcass officer even though he knew the dates weeks in advance. He has also stopped paying child maintenance through there service towards his son too.
Everytime he actually bothers to turn up to see his son I'm having to re introduce him because my son doesn't recognise him and becomes unbelievably clingy and upset so the whole process is getting nowhere.
What will the courts do because I'm sure it's a breach of a court order if its on a child order.
We have a court order allowing holidays abroad mentioning that the passport must be handed over once details have been given to the mother. The mother is now refusing this and has stated that her child won't be coming with us on this holiday. We've not yet handed over specific details but she says there's no point as she's not having the child coming on our family holiday. We've read that a C79 can enforce her to stick to the original order, but do we first have to fill out the C78 form? A warning notice of potential consequences if breached was attached to the initial order. But do we still have to fill out the C78 prior to applying for the C79?
Also, if there isn't enough time prior to the holiday to have this sorted, if she refuses to surrender the passport, is there any emergency hearing we can arrange to ensure the child does come away with us?
She does not have residency, the order just states that the child lives with her.
Many thanks
Daughter is now 14 and refusing contact. I showed her the last threatening letter in the hope that she would agree to contact( I do not usually make her aware of letters) She burst into tears and said she wished her father was dead. She has threatened to run away if I make another arrangement for contact, but I am ordered to do so. I do know what to do next. I have suggested mediation to grandparents but they refused and say they will employ a barrister and force me to pay for it. They or their son make no financial contribution to my daughter.
It says in the order that if they move out for any reason for more than 3 months then the house reverts back to me.
My question is does it have to be 3 calendar months, and do I need to return to court to get this court order changed.
Thanks
I am mentioned to have access 3 days a week however all my members have been blocked no help from social anymore as they just apply "there rules" then disappear into thin air. Legal aid has also been done away with and with a dead end job it's hard rasing the cash for a solicitor. I'm at a dead end what should I do!!!!!
She later left with the children and denied me contact hoping to bring me to my knees, she told terrible lies to social services accusing me of being mentally ill, an alcoholic and abusive to my kids. I fought back using the courts and after a bitter 2 year battle she got the house back, but I have been given contact to start after I have finished supervised contact which I hav been going through for years now. she demanded this based on the lie that the children were scared of me. However it has backfired as she didn't realise the contact supervisors took notes during the sessions and produced reports. Every single one of the reports talks in glowing terms of how close the kids are with me, with instances of the children refusing to leave after some sessions. she is now a figure of fun in the centre as most of the care workers have seen through her and see her as one of the women who cynicaly manipulate the system for their selfish advantage. However I have been given phone contact once a week and she regularly breaches it as unlike supervised contact it is not monitored by a 3rd party. My questions are can I go to court for an enforcement order over this breach and what are my rights and means of redress if I believe my children are being exposed to the criminals in her family of whom there are many
This access did not materialise and I had to take ss back to
Court. Last month contact was reestablished but I have missed
Out on around 18 months of my children's lives. Ss also declined a place for
My son at a top grammar school that I had secured for him and
Sent him to a below average comprehensive. What can I do??
Yesterday a judge decided my extremely abusive ex can have indirect contact with my daughter twice a year via letter to a p.o box or using a charity to distribute the letter to me. This is because he cannot know my address. He is not allowed photos of my daughter or any direct contact or allowed to apply to court again for 3 years as he is so problematic... I have been granted non mol and prohibited steps to run for ever against this person. My concern is that my daughter has not seen him since she was 2.she doesn't know him.I am worried what the contents of these letters will b.., she is 5 and it will b I that reads them. I feel the judge is giving a person a line of contact when he hadn't had one before because he is so abusive any chance he has to contact me he does so abusivly. Even turning up at my work a few months ago. When will this nightmare end and what can I do!? I don't get legal aid so cannot afford an appeal. I can't see how the court can recognise he is so risky but still grant contact? Why can they say no contact for 3 years. My child will 9 then and better suited to the change and it is fair to tell him he must sort himself out before he is allowed to bombard us with letters at important times of the year. Please help... It's back in court soon to be discussed
Part of the statements include my ex needing to grant consent to my daughter staying over night anywhere other than my house before she does so, although stating in court that she would not use this to interfere she has refused to grant consent on every occasion I have tried to plan visits away - even to see parents and grandparents in other parts of the UK who have difficulty travelling. She has used various reasons, such as claiming that the CAFCASS instruction to build contact slowly would prohibit visiting for an extended period, but the most hurtful is that she has claimed that our daughter would be in danger of emotional harm through being in contact with my parents. This is blatantly untrue and is all but accusing them of being child abusers!
What she is doing seems clearly not right but seems to be behaviour granted by the court order, what can I do?
Can she really have this kind of control over where I take our daughter whilst she is with me, or who she can see during my contact time with her?
How can I get the boys Au Passports handed to me to allow a trip to Australia ?
Lucky
Contact since birth has always started on Fridays. Ex has now stated that this summer's 3 week holiday will start on a Monday 3 months after me booking and paying for holiday starting Saturday. No discussion has ever taken place bout change. Is my ex in breach?
My son spends 4 nights with me and 3 nights with his Mum.
It has always been this way and worked farley well except for poorer school attendance on her days and we always have to ensure he does his homework/coursework at ours as there is no interest at his Mums. She never has anything to do with his schooling. He is going into his last year next year and clearly knows what he wants to do.
Basically my Son and I had an argument. I am frustrated that he lies about his homework/coursework when I speak with the teachers and they tell me he hasn't done it. His Mum is installing a "it dosnt matter" way of thinking as she sees herself now as a sort of free spirit. The teachers are frustrated as they believe he is so capable of more. Secondly we set up a Facebook page for him a while ago with rules that we would monitor it. This is how people socialise these days so we thought it important. He recently created a second one claiming he couldn't acces the original one. He has everyone from his Mums side on there with pics but on there we do not exist. Not even a pic of his brothers. This hurts a bit.
His Mum is in a cycle of new relationship highs.
Every 4-5 months she is ending and begining a new relationship with different people so it will be amazingly happy and exciting until it goes sour and the big crash comes. We have to pick up the pieces each time. At the moment they are into a 3 month relationship and talking of marriage. So it's all happy. Here we just carry on as normal with our stable home and boring routine working hard to support our family and work for their future.
So to the point...
I asked him why, all he said was he wanted to put things on Facebook without worrying about if we would see it. I explained that I'm fed up with battling with the way of life at his Mums and it seems like he wants the easy life there with no pressure or drive to do anything. I asked him why he was here and told him I'm fed up with the lies about school etc and said if you won't talk to me about it you can go back to your Mums.
He left and hasn't been back for 2 weeks.
When I went to his Mums she would not open the door saying it was his choice.
I was doing the nursery run and bumped into him as his school is next door. I gave him a lift to his Mums and we talked. He was going to come over to talk this last weekend but then didn't.
I feel like she is manipulating it and telling me he dosnt want to talk. I don't believe this.
I am now unsure of what to do next. I'm worried that because in the argument I told him to go back to his Mums that I have breached the contact order originally but a cooling of period of a couple of days seemed like the right thing at the time.
Two things: I haven't received a single statement or assessment to this date. Secondly, thanks to social media I know as does everyone else that he is living a very comfortable life, self-employed and definitely not getting needingf EI anymore. How would I go about bringing him back to court based on his violation of the court order as well to update the child support overpayment based on ACCURATE past yearly earnings?
i need help. been talking with everyone about my case seems that noone could help me.
I have a Court Order where i am claiming some money from a car dealer company in London. They have changed the name of the Company leaving me with this Court Order paper and can't to anything. If you know any solution to my case please don't hesitate to contact me.
Kind regards
Ana Ciobotaru
If anyone has any advice I would really appreciate it as my children are young and I know he will continue this for years.
Is there anything we could do if she goes back to court? I feel so frustrated and feel like my hands are tied as she threatens us and my husband loves his kids, knowing this she takes him for a ride and small matter she says I will stop you seeing the kids.
We have proof he hasn't been turning up to the contact meeting place...
We have been sending all correspondence to him via text message as well so we have proof we have tried contacting him...
It's just a shame he has done this after all the fuss he made to see them...
He took me to court and cost us loads of money we didn't have and now he has stopped wanting to see them...
I just don't get it...
It's not fair on the children...
He hasn't seen them in 6 weeks now...
I shan't be taking them again in 2 weeks as I can't keep paying out for nothing and the children get so upset...
since the 1st of March he has not seen them...
As contact fell on Mothers day he allowed us to have them but then the following contact date on the 29th March he did not turn up at the contact drop off point...
We also have been unable to contact him...
How many times do we have to take them to the drop off point for him not turn up before we can stop taking them...
It costs us £10 every time we take them and the kids were really upset when he didn't turn up...
If he doesn't turn up this Sunday 12th April can I stop taking them?
My friend got access to see his daughter with a court order.
The day after the order his ex dissapeared with their girl and hasn't been seen for 14 weeks, she let her solicitor go, changed address and number as well as keep my friends girl away from her father.
The contact centre can't even find her.
What do I do?
What can he do.
My fathers solicitor would say exactly what I did, phone the police.
Any ideas please???
My daughters ex rents a room in his ex brother in laws house and she does not want her son to stay overnight there she has no problem with her ex seeing his son every Sunday but when these overnights start next month she is thinking of telling her ex that she will not allow this to happen until he has a place of his own
My daughters ex does cancel a lot of the visits normally every 3rd week or so
My grandson also cries every time his dad takes him and I ask him if he wants to go to his daddies he says no and starts crying
Please help what should we do
how can i either be compensated or force the sale as i have not accumulated much debt i am reluctant to engage with a solicitor as it has cos over £20k already
is there a form i could get to do a diy application to the courts
I had looked after him for most of July last year as the summer holidays in Scotland start at the end of June. My ex turned up at my door asking if Ryan, my son was ready as she wanted to take him to Essex on holiday. This was the last time I saw my son, at the start of August last year. I received a call from her the day before Ryan was due to start school, where she informed me that she was not coming back up as she couldn't be near Ryan's half-brother's dad because, according to her, he had raped her. When I asked her when this happened, she said it was 'a few months ago' and that she hadn't told me before as she had been 'trying to blot it out'. Her story didn't add up and I asked her if she had enrolled Ryan in a school down there, she said that she hadn't, but that was her intention. Naturally, I wasn't very happy, and she has not contacted me since. She has obtained a non-molestation order against the other dad, just as she did when she split up with me. The funny thing is she'd gone on holiday with him about a month before.
I have tried going through a Scottish solicitor, but the courts here can't do anything as I obtained the order at a court in Essex and it's believed that my ex and the two boys are either there or in a refuge in London. I was going to try to get the contact order enforced through the solicitor that helped me last time, bit unfortunately I can't get Legal Aid and she charges £226 per hour, so that option isn't really open to me as I'm a full time student. The other dad had obtained a residency order for his son, but it can't be enforced due to the non-molestation order and the jurisdiction thing.
I'm worried sick about my son because of the way she treats him and I just don't know what to do. I tried to ask his old school if they could tell me what school he was attending, but they weren't helpful at all.
What will happen when he attends court next TUESDAY I edinburgh
2. that the child live with the mother.
3. that the child spend time with the father in a supervised contact centre in our local town on one occasion per fortnight as agreed between the parties.
4. that the father bear all cost associated with order (3). we used the supervised visits for around 1 and 1/2 years from 2011-August 2012 as he moved out of town. my ex kept ringing the childrens contact centre to cancel the visits as he stated that he couldnt afford to keep making trips down from newcastle where he moved to, to our local town. The visits ended up being cancelled altogether and never did hear back from him , no contact within abit over 1 year .. he moved back to our local town on 31st december 2013 and now lives back with his parents and he is now claiming that i have stopped him seeing our daughter and states i wont let him see her which is complete lies and has now threatened to take me to court... just would like some advice as to what could possibly happen at court just a little baffled about all this...
I do not agree with this person as this story is made by the mother - I went through same thing and my estrange daughter is 28 years and brain washed by her mother.
There's an interim order in place to stop all contact however social services have decided to ignore this and take my daughter for supervised contact anyway. Daughter's told them straight away that she doesn't want to because of how's she's been treated. They've told her it's not her choice. Daughter's found a child advocate (with help from the local MP) who social services have decided to ignore. I emailed them to recount what Daughter had said to me and got told that they would do what's in Daughter's best interests and unless I stopped interfering Daughter would be taken into foster care. Daughter's also been told by Social Services how much the things she's said have upset her father and that he's desperate to see her again.
Poor girl's started having nightmares again. I've been clearly told that I mustn't talk to Daughter about her fears, concerns or father but she's bursting into tears constantly, is terrified that noone believes her and has told me she wishes she was dead. Is this how Social Services usually operate? What can I do to help my Daughter?
Thank you
My daughter got married and in 6mths he divorced her. He went to court to lay false accusations and their on became a ward but directives was that he should continue to stay with his mum. At 2nd court appearance he was given visitation rights. At 3rd court appearance when she was planning to travel out of London the judge passed that she could travel with the son as long as the father had fore knowledge of it in writing, which she did.
Then social services have been in contact and she was told there is a warrant for her arrest because her Ex told them that she brought the son to Nigeria for child labour.
We contact British Embassy to show that the child was fine and actually enjoying his new life, and we were told that no correspondence has been passed on to them by social services. And she can continue until such a time when they contact them from London.
She is now looking to come to London and she is scared of being arrested at the airport.
Please advice her on what to do even bringing the son on holiday had to be put off because of fear of taking the boy off her and her being arrested.
Thank you.
Please help I separated from my ex partner 3years ago.
He has caused lots of trouble, had to go to court, got a non molestation order and prohibited steps order from the courts. Final hearing, I was granted residency with his dad having 1 night stay one week 2 the next and 50-50 of the holidays, we were ordered to do a parenting class and he had to pay... Maintenance per week...
He does nothing but cause trouble, my son has had to have anger management via school because of his ridiculous behaviour. He never pays on time, I'm constantly asking, only wants our little one when it suits, he uses him as a pawn in his game.
I have just got married and now his cheque has bounced, rather than explaining he quickly jumps back at me and says I don't need it get my husband to pay!!
Worryingly, iv been told he's now an alcoholic and has a fire arm in his house! He told my mother he was going to go for counselling but as far as I'm aware this hadn't happened. I'm fed up of his petulant attitude and his disrespect for our little one re his actions.
I'm not in a position to pay thousands of legal fees as iv done that once already!
I really don't want to let my little one go to him anymore, please help... What can I do??
Why is he allowed to ignore a specific court order? We cannot take him back to court to pursue him for the costs so it's likely the house won't be sold and he will continue to live in it on his own whilst my partner, her three children and myself have to rent.
Why can the court not enforce its own order?
the mother has broken many court orders. but has now taking things into her own hand
I day?
My ex wife and me have a court order I have for filled my part of it but still waiting for the ex to for fill hers. Where do I stand in this case as I am still waiting for half the value of the house we both own and I have no where to live and hoping to take the funds to buy my own place.
I have an issue with my ex gf and a contact order for my 2yr old daughter.
I met this girl through my sister and we conceived my daughter from a stupid one night stand - we had a DNA, got together and was together for nearly 2yrs.
I really fell for this girl after a few months of been with her and adored my daughter.
Anyhow - cut a long story short, we fell out on a few occasions, we split up, she had a non molestation order against me and I applied for a contact order to see my daughter, we got back together within two weeks - I asked for her to have this removed which she said we will see, then in time I asked again to be told "no I wont have an hold on you" - obviously this didn't help the relationship.
Shortly after xmas 2013 we split for good and she has not allowed me any contact with my daughter, there is no chance for mediation, I cannot afford solicitors so I have applied for enforcement of the order as this is clearly a breach of a contact order that had a warning notice attached.,
I am set to appear in court regarding the order and breach in around 2 weeks,
I need some advice as my ex says that her reason for the order being breached is due to my circumstances changing - well, in all honesty - mine have not changed like she is pointing out, i stopped drugs before we split and have continued this, i also cut down on my drinking and have also kept up with this, i have a drug worker and drink worker that are more than willing to write me statements and character references to state how well i have been doing and that i am not considered as a threat towards my daughters welfare.
The original contact order was to supervised contact at my mums / grandparents house - my mum had to collect and drop off my daughter and the contact was for 2hours twice a week (so 4 hours in total).
She has not fulfilled any of this, she has also since moved, she offered me to visit at her old house a few days before my daughters birthday which i was dubious about but was willing to take the risk to see my daughter, anyhow this was abolished and i never got to see her, I have not seen her now for nearly 3 months. She accuses me of stalking her on facebook which is total crap, if she keeps unblocking me and posts something and i see it then its not my fault, its her and she is doing these things on purpose to portray me as mad and insane or something, since she was served with the enforcement order to go to court, she has posted really nasty threats onto her wall on facebook and friends have then called me and told me about these comments - not very nice.
Finally, my ex also says i never gave her any money when i lived with her towards cost of the house, bills, my daughters clothes etc... well i beg to differ, i used to pay her half of my wage by bank transfer, then when i was laid off work - i paid her 90% of all my jobseekers money, since the split i have offered her money which she has refused, she has then said i have n
My oldest son has come to his sceces and told me were my x partner lives in Ireland ,so after 7 years i when back to the court room to try and enforce my contact order so i can see my youngest son .
I have been to court now 3 times and my x Partner is talking to the courts by text messages ,but not turning up too the courts ,The courts are going on about the jurisdiction and can a enforcement order be enforced in republic of Ireland,I’ve been in touch with the haigh conversion the International abduction team and they inform me that a enforcement order is enforceable in therepublic of Ireland,i am representing my self in court and has any one got any arguments for me argue with the courts over Jurisdiction,please help me ,Thanks Rod
Every time I go to collect them my ex wife says "You're not having them" then calls the police to say I am harassing her and upsetting our children.
Because I know how wicked she is I record every single time I go for the children.
When the police arrive they ask me to leave and seek solicitors advice I tell them I cannot afford a solicitor and I am worried about what impact this is having on my children. I have a recording proving it was my ex wife who was upsetting the children because they want to go with me. The police refuse to listen to it and I am seen as the bad guy.
This happened last year and I was served with a schedule of behaviour, but thanks to an 84yr old neighbour she told police what was really happening and my schedule was removed.
My ex threatened this elderly lady who is now petrified to come out of her house when my ex is about in fear my ex will attack her. The police are aware of this but say they are powerless to intervene because the lady is too frightened to report her in fear of retaliation.
On 20th June 2013 I received a friendly voicemail from my ex to say I could have my daughter but not my son. I told her in future I will not help her with the children unless in goes through court because I do not trust her.
On 23rd June I went to collect my children but she rang the police to say I assaulted her and threatened to kill her. The police told me to leave and I had to get a solicitor. Two elderly neighbours witnessed everything and told police the truth what happened and the police took no further action.
I have an abundance of audio and video recordings, signed witness testimonies that my ex has lied to the police Cafcass & the court yet. The police refuse to accept it, Cafcass won't get involved because they closed the case and Social services refuse to intervene because they said my ex has not reported me!!
My children have the right to love both parents. I took a recording of my 4 year old daughter telling me on the phone she wants to see me but mummy won't let her. I do not have the funds to take her back to court for breach of order.
Please someone tell me there is British Justice. I have 100% genuine evidence she is a compulsive liar but they always accept her word of mouth.
My question is if I take her to court and she tells the judge she stopped my order because I have threatened her will I lose my children?
PS do not put your name on here because if my ex finds out you have helped me she will threaten you like everyone else who has helped me.
For sometime now, my youngest two now 7 and soon to be 10, have expressed their desires to reside with me permanently. My eldest, who's 11 in August, is fed-up with the two-ing and fro-ing between our houses, but as she doesn't wish to upset either of us wants to leave things are, and that is fine with me.
However, it is not unusual for my youngest daughter to start crying the night before she knows that her dad is due to collect them from school, and this continues through much of the following morning too. On Wednesday, when they were due to be collected from school by their father my daughter hurt herself by falling off her bike. This in itself was normal for kids, but what threw me was that fact that I was powerless to stop the tears which then developed into a barrge of pleas not to go to daddies house. Her fingers were swollen and bruised so I decided to keep her off school and take a day off work and decided that I was not going to force her to go anywhere anymore.
I have dutifully stuck to the court order for three years now, essentially ignoring their pleas and forcing them all to go.
I feel that I have a duty to do what is right by my children and have broken the contact order. I have tried to reason with my ex, as the order stipulates that the arrangements may be varied by prior agreement of both parties. This has proven to be a complete waste of time as my ex fails to even admit that both my son and daughter have expressed their wishes to him on a number of occassions. Even after re-iterating to him that the decision is my daughters and has nothing to do with me, he just continues to blame me and is hell-bent on taking us all back through the courts again.
My children are due to be collected by him after school on Monday and I am undecided as what path to take knowing that I had every intention on applying to the court to have the order changed, as I feel that I was infact, cornered as a working mother, into sharing care of them in the first place. Do I keep my youngest, and possibly my son which is sure to follow suit, but face the wrath of the courts or do I make them return to 'normality' and wait for the court to amend the original decision? However, long that may be.
I am more concerned that my ex will get the police involved, which is a level I'm sure he'll stoop to, and forcably remove my children causing unnecessary distress.
Please contact me for any other information.
Thank you.
stalker has made a small claims court civil for all legal fees again victim
Is this allowed?
The reason for contacting you for advice is because my ex is only allowing the contact hours as stated and is not allowing contact to progress whatsoever as the order mentioned. For example I have emails from my ex instructing me NOT to phone my daughter over Christmas (or any other time) and after I emailed my daughter just ONCE to wish her a good Christmas my ex threatened me that she would stop contact in a heartbeat if I emailed her again. I asked to have my daughter slightly later on the 29th December and for less than an hour longer so that I could take her to the Pantomime but my ex told me I could not do this and only have her for the hours/time stated. I am also not allowed my daughters personal mobile phone number.
My ex also insists that I inform her of anything I plan to do with my daughter and my ex dictates where I collect and drop her off.
How can contact progress at my daughters pace when any progress is flatly denied by my ex? Is there anything I can do in relation to the order? Is there someone at the court that can get the order changed or enforced? Or do I have to go through the whole Court process again?
There myself and my ex husband have a shared residence order for our daughter. The court order states that we can change the arrangements as long as both of us are in agreement.
6 months ago my ex husband wrote to change the arrangements so that I had my daughter all week and he had her from fri night to sun morning. I agreed to that and we continued with those arrangements for 8 weeks.
One night (4 months ago) she was dumped on the doorstep in floods of tears and has had no contact with him since and I have had nothing either.
Last week he even dumped all her belongings (from his house) on his mother and fathers drive and told them he was disowning them for contacting me and still seeing her.
She is so happy now and settled and doesnt want anything to do with her Dad and is quite adminent about that.
Last night he left a message to say he would be collecting her from school on Monday as per the court order (original arrangements). She has been sick and now doesnt want to go to school on Monday.
Is there anything I can do and can he force her against her will?
I cannot afford to get a solicitor.
My question is how long of a prison sentence could she recieve?
thanks
Can someone help me. My partner has only asked to see his son for 8 hours every third saturday due to his ex making contact extremely stressful or non existant. She tried to fight this in court and lost. He then asked for an extra two days only to be attached to the saturday if it fell on a school holiday. He wanted granted that. Come April, he informs the ex that he is taking the child away for two days on the easter holiday to be attached to his saturday. She replies no, he is going away with his uncle for the week and that also includes your saturday. It went to court. The court allowed her to do it, even though nothing had been booked by the uncle. Then the judge said my partner could aks for the saturday he had been deprived of at another date to be agreed. Accordingly, i got him tickets for an event to be held on a set date to take his daughter with him - he again asked the ex to make the chid available. Again, she said no, she's busy, but here's antoher date. Obviously that was not possible as the event was over and she was told that it was an event so she knew what she was doing when she said no (being awkard). Then come this summer, my partner wreites to his ex to state that according to the order there is only one date he can have the child for the 2 day extended acess and that is 18th Aug. She replies, sorry i am so busy with the ten weeks she has off doing things for myself and her, that i plan to go away then. So back to court and the jduge agrees that no contact for the two days shoudl take palce as the ex has given plausable excusues - i..e, her own social life and given my partner other dates. The only probelm is that the other dates fshe gave all fall when we are oveseas on our holiday because we have complied with the court order and booked our holiday. So yet again she wins - Even though the court order states when holidays are to be taken by either side, etc., She has and still continues to lie to the court and exaggerate her position. Can someone tell me why the courts fail to enforce the court orders they produce and allow the mothers to do what they like as long as there are plausible reasons. At this stage, he will be lucky to have any 2 day period with his child. When you consier how limited his access is and that she has the child nearly all of the time - how is this fair or beneficial to the child/father.
Need help regarding enforcement of high court orders. An order was passed in January 2012 against my ex husband for lumpsum, house transfer, pension and maintenance payment. However, he is lives out of UK and also employed overseas. My solicitor spoke to him on the phone and told him about the order and have also emailed and sent by post to him the order. But now he refuses to reply, take calls or comply with the order. Can you please advice what is the best and fastest way to enforce the order in such situation. Is there a time limit for the court order expiry that was passed in my favour.
thank you and await your reply.
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