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I have been through the court process 3 times for denial of contact within the past 18 months including 2 enforcement applications.
The contact awarded states every other weekend and 3.30 till 5.30 each Wednesday.
Each time as soon as the court process is concluded my ex partner stops access for increasingly bizarre reasons.
Each time she goes before the judge who gives her a dressing down and contact has resumed.
This time she has stopped contact and has claimed I have stolen money from her bank.
What happened was my bank sent 2 maintenance payments instead of 1 my bank has addmitted to this error they then recovered 1 of these payments from my ex's bank account.
My ex went to our sons school and told the headmaster I was being investigated for fraud and the police have advised her to stop contact in the meantime.
I called the police explained situation and they said it wouldn't be a police matter and the police would not advise my ex not to allow contact.
I have attempted to pick our son up for contact but this has been refused and my ex has called me a thief in front of our son.
I'm now I'm the situation of needing to go back to court for 4th time. I have the forms for another enforcement order however I have come to the conclusion that the only way that my ex partner will stick to an order is if there is the threat of losing residency of our child.
It really is a last resort but I can't see how else my ex is going to allow ongoing contact with myself and my side of the family.
Can I order this as part of another enforcement proceeding or do I need to fill in another c100form go to mediation which she will refuse and push for transference of residency in the basis that it is the only way that our son will be able to have ongoing relationships with both sides of our family.
Also if I filled in the c100 would there still be judicial continuity I fought hard enough to get the case out of the magistrates and to a district judge in the first place.
I would appreciate any advice.
Thank you
Hi there,
I think you would need to apply for a residency order rather than an enforcement order, I would follow through with the enforcement order for now and I'm sure the judge wouldn't look kindly at how she has acted.
I'm not as experienced as others and they may have different advice though.
GTTS
Hi
Sorry to contradict GTTS but you would be applying for enforcement on a C79. You can then state in your position statement that you believe only a change of residence will deter the mother from these continual breaches. That is, unless, of course you are intending to apply for residency from the outset. Neither application will guarantee which level of judge will hear the proceedings but I would make clear on the C79 that this is your fourth application for enforcement.
If you did want to apply for residency, personally, I would put in a C79 and if, by the time of the hearing, you want to apply for residency, you can make a verbal application to do so. The court might ask you to complete a C2 which is a form to add issues to existing proceedings. If you apply on a C100, you will have to attempt mediation and the listing time is longer. Enforcement hearings are supposed to be listed within 4 weeks. C100 forms take longer.
Good luck
Yoda is right...you can ask for a transferral of residence due to her continued breaches as part of the enforcement application.
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