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My boyfriend has had such trouble trying to see his 4 year old daughter. He and I have been together for 2 and a half years and are in a very strong committed relationship. Since he met me, his ex partner will not let him hardly see his daughter and so he has taken her to Court. He gained access every other weekend, and she has not stuck by this at all. He would turn up and she would not let him have her. She has made it clear that she doesn't not want her child near me (his girlfriend) even though we live together and has no other reason except being a bitter ex. £3k spent on court fees didn't work, what can we do next? She is impossible to communicate with and is a very nasty person and we can't afford to go to court again. I was hoping someone could help out some possibilities? He also has paid CSA every month and is a really good father and it's breaking my heart seeing him in this situation.
Hi there
It's really not up to her who your boyfriends daughter sees when she is in his care, if you have a strong committed relationship and there are no safeguarding issues, the court should make it clear that she can't dictate such things.
If she is in clear breach of the existing order your boyfriend can apply for enforcement. She must have a very good reason to breach a court order, it would be helpful if he records the times this has happened and keeps a record from now on.
Solicitors are very expensive, but there's no reason why your boyfriend can't self represent, it's very doable and many members here have done so with much success.
Your boyfriend would need form C79 to make the application, which can be downloaded from HMRC website.
It might be a good idea for your boyfriend to write to her formally and remind her that she has breached the court order on many occasions and although he has made allowances in the past, if it doesn't stop he will have no other option than to apply to the courts to have the order enforced, which can carry penalties if it is found to be the case.
Best of luck
Hi
Unfortunately, if she is ignoring the court order, then his only option is to go back to court to get the order enforced. He can self represent, so the only cost is the application fee.
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