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Hi
Sorry if this is in the wrong place it is my first post and not sure if this has come up before.
I have recently been through court to get an order put in place for contact which states that my ex and I should share all holidays equally which includes half terms and special occasions like Christmas and family Birthday's.
However upon trying to organize Christmas she has already told me I will not be seeing the children over Christmas? I have tried to be reasonable and have stated this is breaking the court order if she goes ahead with this but I am no longer getting responses to my texts (we don't speak) just wondering is there anything I can do?
The only thing I have seen I can do is to file a C 79 application for enforcement but is it worth it or can it even be done prior to an order being broken. It won't be heard before Christmas so seems pointless I am in need of some advice please.
You can either put the application in as usual and have a hearing in the New Year, or you could try to put in an urgent application. You take it to the court in person and wait to get before a judge. Sometimes its the same day, sometimes within 48 hours. If you have evidence of the refusal and manage to get before a judge, they can issue an order without the other party there but it's best to try and give the other party notice if you manage to get a hearing. There's no guarantee you will get seen, but has to be worth a try. You'll have to move quickly though.
Best of luck
From my partner's experience and me getting legal advice, you cannot send a breach of order prior to them breaching it.
We had the same issue, I mean our order stated that he should have X amount of additional nights but somehow there was still dispute how that should take place and in the end she refused contact.
The enforcement order didn't really get my partner anywhere as she reinstated contact prior to the hearing and so they didn't see the need to continue proceedings as contact had been reinstated never mind that he lost out on Easter and summer contact that year - none of that was in their interest, they were happy to see contact had been reinstated moving forward.
After that came to an end in September they were in disagreement again over easter and my partner decided to go back to vary the order to get a more detailed order to dictate exactly when his child should spend time with him.
You can request to vary the order during an enforcement order but it's the judges descretion. In our case the judge said no and so we paid for child arrangement orser to get the current order varied.
Maybe try Yoda's recommendation of an urgent hearing? Worth a shot I'd say.
Good luck
Did you manage to get an urgent hearing?
The only way round it would have been to apply for an urgent specific issue order, however I realise that this infor is probably too late now.
Hope you managed to get something in place.
Thanks for all the advice think I will be going back to court in the new year and try and get the order changed to be a bit more rigid as my ex is reading and manipulating it to what she wants not what is best for the kids
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