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Breach of contact o...
 
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[Solved] Breach of contact order after 6 weeks!

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(@Hunterdad)
Eminent Member Registered

Hi all,

I got my contact order around 6 weeks ago and for the first 3 months I must see my daughter supervised by my ex. However things the last week have took a massive turn for the worst. She asked for a lift to town and as I was busy I couldn’t take her. From this I have received waves of abuse personal abuse and comments such as I’m “no dad” again I stress because I didn’t give her a lift to town!!

In addition to this I have a video of her hitting me in my car and constant abuse. I have called the police and they should be seeing me today.

I’m completely blocked on all forms of messages and have been told I’m not seeing my daughter again!!!

Clearly this is a breach of order! I am going to write to her on Tuesday but am sure it won’t get anywhere. Would a C79 application be worth sending off for?

Thanks !!

Quote
Topic starter Posted : 06/05/2018 4:05 pm
 Yoda
(@yoda)
Famed Member

Hi, as the contact order was only 6 weeks ago, I would try writing to the court, explain that the arrangements in the order have completely broken down already and ask them to list a new hearing. They might, or they might not. If they don't, then yes submit a C79.

ReplyQuote
Posted : 06/05/2018 10:18 pm
(@Hunterdad)
Eminent Member Registered

Thanks for your reply and help!

I have drafted up a quick letter and was wondering if this is ok to send to the court?

Dear Sir or Madam,

I’m writing to you regarding the recent contact order in place for my daughter X

The order has been in place for around 6 weeks however, is not being followed by Miss Y. All forms of contact between myself and my X have been stopped by Miss Y breaching the current order. In addition to this I have been blocked on all forms of communication and have no way of contacting Miss Y.

This is following a series of physical, verbal and written abuse that I have received from Miss Y. The police have been informed.

As a result I would like to request that a hearing could be listed for the above issues to be resolved at the earliest possible opportunity, in order for the order to be enforced and to reinstate the relationship between X and myself.

A copy of this letter has been sent to Y

Yours Sincerely

Regards the abuse I have received some rathe nasty messages recently, been hit in my car in front of my daughter and received abuse in public. I have a recording of the abuse on one occasion and it can clearly show my ex hitting me. The police are coming to speak to me Friday regarding this.

Thanks again

ReplyQuote
Topic starter Posted : 07/05/2018 9:06 pm
 Yoda
(@yoda)
Famed Member

That's kind of veering into giving evidence territory. Go with a simple 'the mother has completely suspended contact, she refuses to discuss the matter, and there have been incidents involving the police. As the previous proceedings only concluded XXX weeks ago, I am politely requesting that the matter is restored to court as soon as possible'

You don't need any more than that really. Less is more when writing to a court......If they say no, then put your C79 in

Best of luck

ReplyQuote
Posted : 07/05/2018 11:25 pm
(@Hunterdad)
Eminent Member Registered

Thanks as always for your help!

Regarding where i send the letter do I just post it to the actual magistrates court I attended or is there a central "main" court that i should be sending the letter to. I used a solicitor first time something I badly regret!

ReplyQuote
Topic starter Posted : 08/05/2018 1:16 am
 Mojo
(@Mojo)
Illustrious Member Registered

If you have the name of the actual judge/magistrates that made the Final Order, you should mark the letter/email at the top ... "For The Attention of : Name/s and send it to the court that youattended.

The name of the judge/mags should be on the copy of the final order. I would also mark it urgent.

ReplyQuote
Posted : 08/05/2018 11:28 am
(@Hunterdad)
Eminent Member Registered

Thanks for your reply.

We were only given a draft order at the last hearing and were told that we would be receiving the full order at a later date. I still haven't got this so don't have the names of the magistrates who made the order. I do have the names of the magistrates who sat the first hearing would it be ok to address the letter to them?

ReplyQuote
Topic starter Posted : 08/05/2018 12:00 pm
 Mojo
(@Mojo)
Illustrious Member Registered

You could do that, they did have some involvement in the case, either that or just mark it as urgent.

You could call the court and ask for the names of the mags that made the final order, although they may try and divert you and tell you to make a fresh application.

ReplyQuote
Posted : 08/05/2018 12:30 pm
Hunterdad and Hunterdad reacted
(@Hunterdad)
Eminent Member Registered

Hi again. Before I have had a chance to send the letters I have had a reply from the email that I sent with the letter attached. They have said that due to there still being a listing in September ( a review as the ex insisted on it due to an issue with my family which has already been resolved ) that i would have to fill out a C2 form if i would like to bring it to court again with £155 fee.

Is this something I should do? I will write to the ex first.

ReplyQuote
Topic starter Posted : 08/05/2018 2:50 pm
 Yoda
(@yoda)
Famed Member

You can try writing to the ex and say that you will take it back to court if she doesn't comply & then put the C2 in if you need to

ReplyQuote
Posted : 08/05/2018 3:57 pm
(@Hunterdad)
Eminent Member Registered

Great I have added that to the cover letter in which I'm going to send to the ex with the copy of my letter to court.

Ill let you know how things go!

ReplyQuote
Topic starter Posted : 08/05/2018 4:01 pm
(@Hunterdad)
Eminent Member Registered

Ex has messaged me today suddenly after the letter must have dropped surprise surprise.

She is insisting I'm not having my daughter on my own. My order states that for the first 3 months it is supervised by mother. Currently 6 weeks into that then i get her on my own for 2 hours wednesday nights and alternating saturday/sunday all day once a week.

She is saying now that I'm never having her on my own as I'm not good enough etc etc. I have done a parenting course all of which is not necessary anyway as i am perfectly capable of looking after her!

She keeps referring to a time when i said i don't want to run around after my daughter all day. I had been out of hospital a matter of hours as i had a severe case of tonsillitis and hence didn't have the energy to chase a 18 month round.

Has she really got a leg to stand on in all this??

ReplyQuote
Topic starter Posted : 09/05/2018 2:00 pm
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