[Solved] Breach of Contact Order

Really sorry to hear this mate.

I just got out of court on Friday setting out a clearly defined order which was to start this Saturday at 9am. She breached the order less tha 24hours for the reasons she wants to spend first half of xmas. I have no guarantee she will even make him available today.

Its a horrible situation especially around xmas where they are determined to ruin the close out and start of a new year. I would advise take the matter back to court. Court is open this Thursday and apply for emergency or enforcement. Lokelihood it wont be considered an emergency but you can try. It is what i will be doing regardless of getting contact today or not.

Cheers sid4u...sorry to hear of your situation. It's just frustrating when this happens constantly. AM considering going to her house on the 26th to pick him up but worried it will look bad.
It will probably end up in court AGAIN next week, I know, but can't believe this behaviour is 'allowed' without repercussions.

Hello Angelo,

It sounds as though your Contact Order is not specific enough as it lacks detail such as times of pickups and dates. The lack of these gives the mother room to manoeuvre and cause mayhem not only for you but your son. I would go back to court and get your Court Order more detailed and stop her from being able to wriggle out of agreements made with you. Agreements made between parents are good if it works but if one parent is not reasonable then it is fraught with problems when trying to arrange anything.

I am not going to pass an opinion on what you should do this Christmas but there appears to me three options:-

1) Accept the 28th and then go to court for specific details to be added to the Court Order.

2) If you go to collect your son on the 26th be careful to avoid conflict with her, do not go in her house, take an observer with you who would be able to witness any unacceptable behaviour on her part or any allegations levelled at you. You do not want a non molestation order taken out against you.

3) This year (baring in mind you may take it back to court for more specifics to be detailed in the Court Order) you could ask her to split the difference and suggest the 27th or even accept the 28th.

Thank you MotherofaFather -

Your thoughts and advice make sense, and are along the lines of my own thinking.

So far we've been to court three times and have had the court orders amended each time due to her behaviour and manipulation, I'm beginning to feel that no court order will be detailed enough to stop her unreasonable actions. Especially when her lies have been noted. Tbh I don't understand how these lies and actions can be routinely overlooked when there is evidence.

Thanks again and Merry Christmas

Hello Angelo,

I do feel for all the fathers who have to tolerate this type of behaviour from this sort of mother. It beggars belief that there appears to be little or no penalty these mothers have to pay but I am a firm believer that if the father's behaviour remains beyond reproach and they play the long game, common sense and justice prevail in the end. It is insufferable to have to tolerate it when it seems to be totally unnecessary and the irony being. it hurts and damages the child equally if not more than the father.

Take solace from the fact that whatever days you have him for this Christmas period you will be able to have lots of fun together. I wish you a very happy time.

Hi Angelo

Did you try and pick your child up on Boxing Day?

I do think you may end up back in court for enforcement again by the sounds of it. A court wouldn't be able to list times and dates for a 50% share of holidays forever but they should enforce this and tidy up the wording somewhat.

Hello,

Thanks for your reply. After three days (Christmas Eve, Christmas Day and Boxing Day morning) of emails and messages back and forth where she insisted it was her right have him on boxing day and the 27th, and going round and round, I told her if I didn't have him on Boxing Day then I would pursue the matter with the police and through the court. And that is when she said she would hand over my child on Boxing Day.
We have been to court four times already due to her unreasonable actions and I think she realised that this is all mounting against her.

So I have had a wonderful time with my son since yesterday and feel grateful for what happened.

I am still contemplating going to court to make the order as detailed as possible because to be honest I cannot deal with the stress each time and she is completely uncooperative in matters which are not strictly stated in the court order.

Thanks again to all who responded to my query, it felt very reassuring.

Hello Angelo,

I am so pleased you were able to have your Son on Boxing day.

Regarding my previous message to you when I said about having a more detailed Court Order regarding pickup times and dates. My Son was fortunate in having a very astute judge, he could see the games the Mother was playing and gave her no room to manoeuvre, the Court Order stated pickup times, dates and even stipulated that if the child was ill he was still to go to his father's. So take heart and try and remain optimistic.