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Hi I don't know how many of you have been following my story on here but iv been denied contact with my son for stupid reasons and nothing serious, I have enforcement of contact order on Wednesday my 3rd time in court, and I cannot wait and im well prepared, just a few quick ones.. Does she need my permission to take my son to another country while I have a contact order? And u think the court will let me have my son half days on xmas and birthdays? Not quiet sure if they will punish her for stopping me seeing him aswell?
Hi Dave Dad
If she takes the Child on Holiday while Contact should takes place then yes She needs to get your permission as thats a Breach
Not update on your Story so Far but it from above Has Echos to ours..Have a read
http://www.dad.info/forum/legal-eagle/41549-contact-and-enforcement-victory-at-last#53479
All the Best for Wednesday
Thanks!
she admits that while a contact order was in place she stopped contact and offered it me at her house so surely the court will see that as a beach of order and punish her?
Can i ask, Is it a Final hearing or a Directions Hearing? Have Caff Cass been asked to access her for unpaid work? Has she been asked to fill in a means Statement?
We had a directions hearing before final Enforcement. At which time the above was ordered.
Hi, good luck for this!
Did the order your ex has broken, include any contact for special occasions? If not, you can ask for alternate special occasions or time with both parents, this is the norm.
Here's a link that explains about the law on taking children abroad;
Final hearing I would of thought as the last hearing was for us to try sort it out between us and we couldn't sgree so now the court decides at this hearing on Wednesday. Cafcass havnt been in touch this time but they did in the very first hearing I think there not involved as there's no safety problems with the both of us.
A enforcement hearing is to use 1 of the Warning Notice attached to Contact hearig
1 Fine ( means statement will be needed to check ex,s Financial position
2 Unpaid work ( Caff Cass will be asked to interview with view to this )
3 Prison sentence ( last resort but we had a penal notice attached as 1st 2 werent good enough deterrent)
4 Change of residency
It will tell you on the Court paper work relating to this hearing if its a final or Directions hearing.
So basically one of the warning statements on the noticed will be used? It's quiet complicated my case as I explained a lot to slim on here I never got a warning notice attached Untill about 3/4 weeks ago. I will post what happens on here,Iv got my fingers crossed and expect normal contact to resume as its only been since end of August since I last seen my son
Hi
Yes it will be used if the Court can prove beyond reasonable doubt she was aware of Order..( We never got enforcement due to ex saying she moved0
Good Luck..
I don't understand why because the ex says she moved?
With my case the court already know she broke the order which was every Sunday 10am till 5pm n she then offered me house visits of one hour her reason being 'he doesn't want to go' which is totally untrue and also 'he doesn't get fed' which is also not true, so maybe it's looking good for me on Wednesday?
Ok ours was a bit Complicated the ex only turned up to 2 hearings out of 11 and said she had moved so wasnt aware of ongoing court case ( she was and it was proven) Because she claimed to have moved and the Contact Order was granted in her absence the Court could not prove beyond reasonable doubt she was aware of order and Consequences if she broke it. It was sent via post and not served to her by a Court Bailiff..( Advise anyone to get this done if order granted in absence of Other party)
If like i guess in your case she had been abiding by order then changed it she is aware you will have to prove beyond reasonable doubt she has broke order Take everything you have re any text,s E/mails or anything else.
The Courts don't like Enforcing Orders but then they also don't like there Orders being Ignored.
As for the he doesn't want to go..The courts pointed out to ex in our case it was her Responsibility to ensure that the relationship between Father and Son develop. The courts are aware children are coached. How old is your Child?
He's 19months, yea iv printed off txt messages with her phone number showing as proof. In the last hearing she refused to meet me in a neutral place as I said I feel uncomfortable turning up at her house and have reasons. After the contact order was granted she changed it to her house and she has already admitted that, I went twice and after that I felt intimidated playing with my son for one hour at her house why should I have to when I have a 10am-5pm order to have him in my full care and was picking him up and dropping off at her house for months and months
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