[Solved] My Ex Wife will not send my Daughter to stay

The CSA would be correct in recalculating the payments on the basis of the number of nights. However the first question is whether there is any court order stating that you have 2 nights per week staying contact?

Hi Thanks for the Reply

Yes I have court Rights to see my Children as we Divorced last November and the Family Courts stated I have the Children 2 times a week as stated in the Paperwork from the Courts.

Would this be Proof that I have the Kids 2 Times a week for there Calculations ?

Thanks Again

Hi,

I think actd was meaning you could apply for a breach of the order as your ex is not sticking to this.

Can I ask why you feel you can't demand you ex sends your daughter if you have a court order?

Have you spoken to your ex to understand why she isn't sending the daughter? As frequently said on here if you can sort this out without courts/solicitors it is generally much better.

Hi Delboy,

As above, if you have a court order you have every right to state to your ex that your daughter neeeds to attend, or going back to court could be an option.
If you don't have a court order, you state to your ex that if your daughter doesn't attend, you're potentially taking her to court.

The CMS will look at things very simply - did you have both children for XX number of days, if not, the calculation will change. In the situation you've outlined, you would indeed end up paying more maintenance, as the days fall to 0.

In any case, the situation regarding lack of contact really needs to be addressed sooner rather than later. As a Dad who was without contact for 14 months with his eldest child - it takes a long time to rebuild that relationship.

All the best,
BD.

Hi

She has turned my Daughter against me at the Moment as she lets her get away with Things.. If I demand she stays with me it just makes things worse... I try to talk to my ex but its no use...Everthing ends up in an argument.

Eg..........

I told my Daughter off for lying about having an hours Detention but went with friends shopping !!!! I told her the dangers of lying about this ect, My ex said nothing to her and took her out on the Saturday to Drayton Manor Theme Park !!! This is what im up against..Good cop bad cop.....

But i do have Rights to have her with me.

Thanks

Hi BD

Thanks for the Reply.

Yes I think I will need to go down the root of telling her I will go back to court. Its just her Scoring Points and not working together for the sake of my Daughter.... At the Moment its Good Cop Bad Cop... Im Telling my Daughter off for things like Lying about time off School....inappropriate texts to and from Boys ,,,,, Shes 11 and just gone up to Senior School so you can imagine !!!

The Ex wife does nothing ...... Makes me out to be the Bad One......My Daughter has turned against me as I dont let her get away with Murder like The EX.... but she just sees it as a chance to point Score.......

But what I dont want is to end up Happening is My Daughter getting further Distanced from me.........And Me Paying Yet more money to the CSA .........

Thanks Again

Delboy

Hi again

Just looking for a bit more Info if possible... ?

Do I need to engage in a Solicitor because my Ex Wife has Broken the Family Law Agreement of Myself having my Kids 2 Nights Per Week ? [its my Daughter shes not Sending ] or can I go Direct to them and Whats the Best way ?

Apologies but its just a Minefield when you Start thinking about this.

Thanks Again for Your Help and Advice

Delboy

If your case was within the last 12 months, you can write to the judge that made the order and ask how to proceed.

If you intend to enforce the current contact order then you will need to go back to court to do that. It's your choice whether to have legal representation or to self represent. 1626s suggestion to write to the court if it has been less than 12 months since the order was granted is a good one, you may find that you will not have to pay a further court fee to take it back to court.

I would first try writing a letter to your ex as Badgerdom advises, to remind her that she is in breach of the order and as much as you would prefer not to, you will not hesitate to return to court for enforcement if contact is not reinstated immediately.

Thank you for that I will look into this this , I have been told to fill in a form called c79 form for breach of Contract.?

Hi Mojo

Thanks for the Reply.. I have Text my ex wife about my rights to seeing my Daughter and the fact she is not abiding to the Agreement she also signed when we divorced about Child Care Arrangements, But she just replys back that I cant Force my Daughter to do anything ??

Shes 11 years old and does as she pleases but my ex wife uses this to cause trouble and will not unite with me so i cant see my Daughter and be her Dad and try to Parent her.

Looks like i am going to have to write to the Judge as 1626 has said.

Also is it worth Contacting the CSA As when my Yearly Review comes up and My ex says ive not had my Daughter[even though shes the Problem] I will have to pat more Money !!!

This is all a Mine field ....THANK YOU TO YOU ALL FOR YOUR HELP..

Delboy1972