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Hi, sad to be here today but I wonder if anyone has a bit of advice for me.
I got my 50/50 shared residency final order well over a year ago, tonight was the first time i've been denied access. It happened a lot before the court order, but this is the first time since. Went to pick the kids up, was told that I couldnt have the kids, no reason was given so I left immediately. I called 101 on getting home, and am waiting for police contact.
The residence order is 50/50 and has no end date, I recieve working and child tax credits for one of my children and child benefit for the other, apparently when two children are involved this is the way it is usually sorted - sort of half and half. Essentially one of my children is registered as living here with me, the other at my former partners.
There's been no deviation in me having the children since the order was granted, there's not any reason for my contact to be witheld. Ive been googling the C79, but im wondering if as one of the children has me as the main carer, if it's more of a police matter?
Thanks in advance, off to look through the forums to see if there are similar posts that may give me the info I need 🙂
Hi and welcome to the forum.
the police would tend not to become involved in this situation as it is a civil matter. If the breaches continue you can apply for enforcement using a C79 form. Perhaps let the dust settle for a few days and lay out in writing that there is a court order in place and you would like contact to be restored as laid out in the order. If your ex refuses then you can indicate you will restore the matter to court with an enforcement application.
The court will expect you to have at least attempted to resolve the situation yourself before making an application. Mediation does not have to be attempted before making a C79 application but you could try it if you feel it might have some affect as the court would view this favorably.
Good luck
Thanks. Ive got a solicitors appointment tomorrow and the police did go and check that the kids were okay last night. There has been a lot of police involvement on her end in the past, neighbours reporting she's left the kids home alone etc.
We have no contact, I changed my phone number a long time ago to stop all the abuse I was getting, she's previously not attended mediation so I don't think anything bar a C79 will resolve this, I guess I need to get my head around not seeing the kids for at least a few weeks. Gutted for them 🙁
Good that you have a solicitor's appointment, bad for the children that they won't get to see you. Let us know how you get on and if there are any questions we can assist with. Good luck with it all.
Might be worth getting yourself a cheap second mobile so you can have some contact when necessary. You get to choose when to switch it on and off.
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